Utah Code > Title 26B > Chapter 5 – Health Care – Substance Use and Mental Health

		Sections
Part 1	General Provisions	26B-5-101 – 26B-5-120
Part 2	Substance Use Disorder Intervention, Prevention, and Education	26B-5-201 – 26B-5-211
Part 3	Utah State Hospital and Other Mental Health Facilities	26B-5-301 – 26B-5-382
Part 4	Commitment of Persons Under Age 18	26B-5-401 – 26B-5-413
Part 5	Essential Treatment and Intervention	26B-5-501 – 26B-5-511
Part 6	Mental Health Intervention and Treatment Programs	26B-5-601 – 26B-5-612
Part 7	Utah Behavioral Health Commission	26B-5-701 – 26B-5-706
Part 8	Utah Substance Use and Mental Health Advisory Committee	26B-5-801 – 26B-5-804

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Terms Used In Utah Code > Title 26B > Chapter 5 - Health Care - Substance Use and Mental Health

Abandonment: means to forsake entirely or to refuse to provide care and support for an animal placed in the custody of a licensed veterinarian. See Utah Code 58-28-102
Ablative procedure: means the same as that term is defined in Section 58-67-102. See Utah Code 58-1-102
Accounting experience: means applying accounting and auditing skills and principles that are taught as a part of the professional education qualifying a person for licensure under this chapter and generally accepted by the profession, under the supervision of a licensed certified public accountant. See Utah Code 58-26a-102
Accredited program: means a degree-offering program from:
(1)(a) an institution, college, or university that is accredited by the Department of Education or the Council for Higher Education Accreditation; or
(1)(b) a non-accredited institution, college, or university that offers education equivalent to Department of Education-accredited programs, as determined by a third party selected by the board. See Utah Code 58-20b-102
ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administer: means :
(2)(a) the direct application by an individual of a prescription drug or device by injection, inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a research subject; or
(2)(b) a veterinarian providing to the owner or caretaker of an animal a prescription drug for application by injection, inhalation, ingestion, or any other means to the body of the animal by the owner or caretaker in accordance with the veterinarian's written directions. See Utah Code 58-28-102
Administering: means :
(1)(a) the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or
(1)(b) the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. See Utah Code 58-17b-102
Administrative penalty: means a monetary fine or citation imposed by the division for acts or omissions determined to be unprofessional or unlawful conduct in accordance with a fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-31b-102
Administrator: means a person who is charged with the general administration of a health facility, regardless of whether:
(1)(a) the person has an ownership interest in the facility; or
(1)(b) the person's functions and duties are shared with one or more persons. See Utah Code 58-15-101
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
Adulterated drug or device: means a drug or device considered adulterated under Utah Code 58-17b-102
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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.
AICPA: means the American Institute of Certified Public Accountants. See Utah Code 58-26a-102
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:
     (3)(a) in which human remains are transported to a funeral service establishment and placed in an alkaline hydrolysis chamber for resomation; and
     (3)(b) that meets substantially all of the following standards:
          (3)(b)(i) able to be closed in order to provide a complete covering for the human remains;
          (3)(b)(ii) resistant to leakage or spillage;
          (3)(b)(iii) rigid enough for handling with ease; and
          (3)(b)(iv) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
Alternative channels of distribution: means any mail order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section. See Utah Code 58-16a-903
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.
Animal: means any animal other than a human. See Utah Code 58-28-102
Animal physical therapy: means practicing physical therapy or physiotherapy on an animal. See Utah Code 58-24b-102
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.
Applicant: means an individual who applies for licensure or certification under this chapter by submitting a completed application for licensure or certification and the required fees to the department. See Utah Code 58-31b-102
Appraisal: A determination of property value.
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
Approved education program: means a nursing education program that is accredited by an accrediting body for nursing education that is approved by the United States Department of Education. See Utah Code 58-31b-102
Approved esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
Approved eyelash and eyebrow technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(7) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
Approved hair designer apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(3) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
Approved master esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(5) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
Approved nail technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(6) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-102(2)(j). See Utah Code 26B-5-301
Architect: means a person licensed under this chapter as an architect. See Utah Code 58-3a-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
Arrest: Taking physical custody of a person by lawful authority.
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902
Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
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.
Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
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
AVMA: means American Veterinary Medical Association. See Utah Code 58-28-102
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.
Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102
Barber instructor: means a barber who is licensed under this chapter to engage in the practice of barbering instruction. See Utah Code 58-11a-102
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
Bequeath: To gift property by will.
Bequest: Property gifted by will.
Beyond use date: means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. See Utah Code 58-17b-102
Board: means the Architects Licensing Board created in Section 58-3a-201. See Utah Code 58-3a-102
Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102
Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-102
Board: means the Health Facility Administrators Licensing Board created in Section 58-15-201. See Utah Code 58-15-101
Board: means the Optometrist Licensing Board created in Section 58-16a-201. See Utah Code 58-16a-102
board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
Board: means the Environmental Health Scientist Board created in Section 58-20b-201. See Utah Code 58-20b-102
Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102
Board: means the Utah Physical Therapy Licensing Board, created in Section 58-24b-201. See Utah Code 58-24b-102
Board: means the Utah Board of Accountancy created in Section 58-26a-201. See Utah Code 58-26a-102
Board: means the Veterinary Board established in Section 58-28-201. See Utah Code 58-28-102
Board: means the Board of Nursing created in Section 58-31b-201. See Utah Code 58-31b-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
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 58-22-102
Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-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
Cancer drug: means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells. See Utah Code 58-17b-902
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
Charitable clinic: means a charitable nonprofit corporation that:
     (3)(a) holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;
     (3)(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
     (3)(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:
          (3)(c)(i) advice;
          (3)(c)(ii) counseling;
          (3)(c)(iii) diagnosis;
          (3)(c)(iv) treatment;
          (3)(c)(v) surgery; or
          (3)(c)(vi) care or services relating to the preservation or maintenance of health; and
     (3)(d) has a licensed outpatient pharmacy. See Utah Code 58-17b-902
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Child: means a person under 18 years old. See Utah Code 26B-5-401
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Client: means the person who retains a licensee for the performance of one or more of the services included in the definition of the practice of public accountancy. See Utah Code 58-26a-102
Client: means the patient's owner, the owner's agent, or other person responsible for the patient. See Utah Code 58-28-102
Closed-door pharmacy: means a pharmacy that:
(15)(a)(i) provides pharmaceutical care to a defined and exclusive group of patients who have access to the services of the pharmacy because they are treated by or have an affiliation with a specific entity, including a health maintenance organization or an infusion company; or
(15)(a)(ii) engages exclusively in the practice of telepharmacy and does not serve walk-in retail customers. See Utah Code 58-17b-102
Collaborative pharmacy practice: means a practice of pharmacy whereby one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical care functions authorized by the practitioner or practitioners under certain specified conditions or limitations. See Utah Code 58-17b-102
Collaborative pharmacy practice agreement: means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for collaborative pharmacy practice for the purpose of drug therapy management of patients and prevention of disease of human subjects. See Utah Code 58-17b-102
Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 57-29-102
Commission: means the Utah Behavioral Health Commission created in Section 26B-5-702. See Utah Code 26B-5-701
committee: means the Utah Substance Use and Mental Health Advisory Committee created in this section. See Utah Code 26B-5-801
Common interest community: means the same as that term is defined in Section 57-25-102. See Utah Code 57-30-101
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.
Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
Competitor: means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer. See Utah Code 58-16a-903
Compilation: means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presenting, in the form of financial statements, information that is the representation of management or owners, without undertaking to express any assurance on the statements. See Utah Code 58-26a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:
          (18)(a)(i) as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;
          (18)(a)(ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or
          (18)(a)(iii) in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102
Consultation by telecommunication: means the provision of expert or professional advice by a physical therapist who is licensed outside of Utah to a licensed physical therapist or a health care provider by telecommunication or electronic communication. See Utah Code 58-24b-102
Contact lens: means any lens that:
     (2)(a) has a spherical, cylindrical, or prismatic power or curvature;
     (2)(b) is made pursuant to a current prescription; and
     (2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
Contact lens prescription: means a written or verbal order for contact lenses that includes:
          (3)(a)(i) the commencement date of the prescription;
          (3)(a)(ii) the base curve, power, diameter, material or brand name, and expiration date;
          (3)(a)(iii) for a written order, the signature of the prescribing optometrist or physician; and
          (3)(a)(iv) for a verbal order, a record maintained by the recipient of:
               (3)(a)(iv)(A) the name of the prescribing optometrist or physician; and
               (3)(a)(iv)(B) the date when the prescription was issued or ordered. See Utah Code 58-16a-102
Contact lens prescription verification: means a written request from a person who sells or provides contact lenses that:
(4)(a) is sent to the prescribing optometrist or physician; and
(4)(b) seeks the confirmation of the accuracy of a patient's prescription. See Utah Code 58-16a-102
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-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 drug: means a prescription drug that:
          (1)(a)(i) is for the purpose of promoting attractiveness or altering the appearance of an individual; and
          (1)(a)(ii)
               (1)(a)(ii)(A) is listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; or
               (1)(a)(ii)(B) has been expressly approved for online dispensing, whether or not it is dispensed online or through a physician's office. See Utah Code 58-17b-802
Cosmetic supervisor: means a supervisor as defined in Section 58-1-505. See Utah Code 58-11a-102
County health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-902
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
CPA: means an individual currently licensed by this state or any other state, district, or territory of the United States of America to practice public accountancy or who has been granted a license as a certified public accountant under prior law or this chapter. See Utah Code 58-26a-102
CPA firm: means a qualified business entity holding a valid registration as a Certified Public Accountant firm under this chapter. See Utah Code 58-26a-102
Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
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:
     (13)(a) in which the human remains are transported to the crematory and placed in the cremation chamber for cremation; and
     (13)(b) that meets substantially all of the following standards:
          (13)(b)(i) composed of readily combustible or consumable materials suitable for cremation;
          (13)(b)(ii) able to be closed in order to provide a complete covering for the human remains;
          (13)(b)(iii) resistant to leakage or spillage;
          (13)(b)(iv) rigid enough for handling with ease; and
          (13)(b)(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
Criminal risk factors: means a person's characteristics and behaviors that:
(1)(a) affect the person's risk of engaging in criminal behavior; and
(1)(b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101
Cryolipolysis: means a nonablative fat reduction procedure that uses cold temperature to reduce fat deposits in certain areas of the body. See Utah Code 58-1-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
decontamination: is a s defined in Section 19-6-902. See Utah Code 57-27-102
Deed: The legal instrument used to transfer title in real property from one person to another.
Deed: means an instrument in writing, including any conveyance that affects, purports to affect, describes, or otherwise concerns any right, title, or interest in real property. See Utah Code 57-31-101
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defense attorney: Represent defendants in criminal matters.
Department: means the Department of Commerce. See Utah Code 58-1-102
Dependent: A person dependent for support upon another.
Designated examiner: means :
(8)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or
(8)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of mental illness. See Utah Code 26B-5-301
Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
Devise: To gift property by will.
Diagnosis: means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. See Utah Code 58-31b-102
Direct disposition: means the disposition of a dead human body:
     (15)(a) as quickly as law allows;
     (15)(b) without preparation of the body by embalming; and
     (15)(c) without an attendant funeral service or graveside service. See Utah Code 58-9-102
Direct supervision: means that the supervisor of an apprentice or the instructor of a student is physically present in the same building as the apprentice or student and readily able to establish direct contact with the apprentice or student for consultation, advice, instruction, and evaluation. See Utah Code 58-11a-102
Direct supervision: means a veterinarian is present and available for face-to-face contact with the patient and individual being supervised, at the time the patient is receiving veterinary care. See Utah Code 58-28-102
Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
Director: means the director of the Division of Real Estate. See Utah Code 57-29-102
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:
Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102
Dispensing medical practitioner: means an individual who is:
     (23)(a) currently licensed as:
          (23)(a)(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
          (23)(a)(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;
          (23)(a)(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
          (23)(a)(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
          (23)(a)(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and
     (23)(b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102
Dispensing medical practitioner clinic pharmacy: means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. See Utah Code 58-17b-102
Disposition: means the final disposal of a dead human body by:
     (16)(a) earth interment;
     (16)(b) above ground burial;
     (16)(c) cremation;
     (16)(d) calcination;
     (16)(e) alkaline hydrolysis;
     (16)(f) burial at sea;
     (16)(g) delivery to a medical institution; or
     (16)(h) other lawful means. See Utah Code 58-9-102
Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-29-102
Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
domestic corporation: means a corporation for profit that:
(11)(a) is not a foreign corporation; and
(11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102
Donated prescription drug: means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program. See Utah Code 58-17b-902
Donor: The person who makes a gift.
Drug: means :
          (26)(a)(i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
          (26)(a)(ii) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
          (26)(a)(iii) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
          (26)(a)(iv) substances intended for use as a component of any substance specified in Subsections (26)(a)(i) through (iv). See Utah Code 58-17b-102
Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102
Electrologist instructor: means an electrologist who is licensed under this chapter to engage in the practice of electrology instruction. See Utah Code 58-11a-102
Electronic signature: means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 58-17b-102
Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Utah Code 58-17b-102
Eligible donor: means a donor that donates a prescription drug from within the state and is:
     (7)(a) a nursing care facility;
     (7)(b) an assisted living facility;
     (7)(c) a licensed intermediate care facility for people with an intellectual disability;
     (7)(d) a manufacturer;
     (7)(e) a pharmaceutical wholesale distributor;
     (7)(f) an eligible pharmacy; or
     (7)(g) a physician's office. See Utah Code 58-17b-902
Eligible pharmacy: means a pharmacy that:
     (8)(a) is registered by the division as eligible to participate in the program; and
     (8)(b)
          (8)(b)(i) is licensed in the state as a Class A retail pharmacy; or
          (8)(b)(ii) is operated by:
               (8)(b)(ii)(A) a county;
               (8)(b)(ii)(B) a county health department;
               (8)(b)(ii)(C) a pharmacy under contract with a county health department;
               (8)(b)(ii)(D) the Department of Health and Human Services created in Section 26B-1-201; or
               (8)(b)(ii)(E) a charitable clinic. See Utah Code 58-17b-902
Eligible prescription drug: includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law. See Utah Code 58-17b-902
Embalming: means replacing body fluids in a dead human body with preserving and disinfecting chemicals. See Utah Code 58-9-102
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{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
Employer sponsored clinic: means :
(2)(a) an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or
(2)(b) a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program. See Utah Code 58-17b-802
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.
Epinephrine auto-injector: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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}
Essential treatment examiner: means :
(2)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or
(2)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501
Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102
Esthetician instructor: means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction. See Utah Code 58-11a-102
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
Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
Experience: means :
(9)(a) accounting experience; or
(9)(b) professional experience. See Utah Code 58-26a-102
Eye and its adnexa: means the human eye and all structures situated within the orbit, including the conjunctiva, lids, lashes, and lacrimal system. See Utah Code 58-16a-102
Eyelash and eyebrow technician: means a person who is licensed under this chapter to engage in the practice of eyelash and eyebrow technology. See Utah Code 58-11a-102
Eyelash and eyebrow technician instructor: means an eyelash and eyebrow technician licensed under this chapter to engage in the practice of eyelash and eyebrow technology instruction. See Utah Code 58-11a-102
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
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.
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}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Fraudulent deed: means a deed that is not executed or authorized to be executed by the record interest holder. See Utah Code 57-31-101
Fund: means the Architects Education and Enforcement Fund created in Section 58-3a-103. See Utah Code 58-3a-102
Fund: means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103. See Utah Code 58-11a-102
Fund: means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103. See Utah Code 58-22-102
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:
          (18)(a)(i) a vault;
          (18)(a)(ii) a casket; or
          (18)(a)(iii) other personal property. See Utah Code 58-9-102
Funeral service: means a service, rite, or ceremony performed:
(19)(a) with respect to the death of a human; and
(19)(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 :
(21)(b)(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
(21)(b)(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:
     (22)(a) assist a funeral service director in the embalming or other preparation of a dead human body for disposition;
     (22)(b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and
     (22)(c) perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102
General supervision: means the supervising environmental health scientist is available for immediate voice communication with the person he or she is supervising. See Utah Code 58-20b-102
General supervision: means supervision and oversight of a person by a licensed physical therapist when the licensed physical therapist is immediately available in person, by telephone, or by electronic communication to assist the person. See Utah Code 58-24b-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grantor: The person who establishes a trust and places property into it.
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:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Hair braiding: includes the following methods or styles:
          (22)(b)(i) African-style braiding;
          (22)(b)(ii) box braids;
          (22)(b)(iii) cornrows;
          (22)(b)(iv) dreadlocks;
          (22)(b)(v) french braids;
          (22)(b)(vi) invisible braids;
          (22)(b)(vii) micro braids;
          (22)(b)(viii) single braids;
          (22)(b)(ix) single plaits;
          (22)(b)(x) twists;
          (22)(b)(xi) visible braids;
          (22)(b)(xii) the use of lock braids;
          (22)(b)(xiii) the use of decorative beads, accessories, and extensions; and
          (22)(b)(xiv) the use of wefts if applied without the use of glue or tape. See Utah Code 58-11a-102
Hair designer: means a person who is licensed under this chapter to engage in the practice of hair design. See Utah Code 58-11a-102
Hair designer instructor: means a hair designer who is licensed under this chapter to engage in the practice of hair design instruction. See Utah Code 58-11a-102
Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
     (11)(a) sexual intercourse;
     (11)(b) penetration, however slight, of the genital or anal opening of the individual;
     (11)(c) any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or
     (11)(d) any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301
Health care: is a s defined in Section 31A-1-301. See Utah Code 58-17b-802
Health facility: means a skilled nursing facility, an intermediate care facility, or an intermediate care facility for individuals with an intellectual disability. See Utah Code 58-15-101
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 58-17b-102
Immediate supervision: means the veterinarian is present with the individual being supervised, while the individual is performing the delegated tasks. See Utah Code 58-28-102
Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
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}
Indirect supervision: means the same as that term is defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-5a-102
Indirect supervision: means a veterinarian:
(10)(a) has given either written or verbal instructions for veterinary care of a patient to the individual being supervised; and
(10)(b) is available to the individual being supervised by telephone or other electronic means of communication during the period of time in which the veterinary care is given to the patient. See Utah Code 58-28-102
Informed waiver: means the patient was informed of a right and, after being informed of that right and the patient's right to waive the right, expressly communicated his or her intention to waive that right. See Utah Code 26B-5-301
Injectable weight loss drug: means an injectable prescription drug:
(4)(a)(i) prescribed to promote weight loss; and
(4)(a)(ii) listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule. See Utah Code 58-17b-802
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Institution: means a hospital or a health facility licensed under Section 26B-2-206. See Utah Code 26B-5-301
Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and
(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
Interest holder: means a person who holds or possesses a present, lawful property interest in real property. See Utah Code 57-31-101
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Intermediate care facility: means an institution that provides, on a regular basis, health care and services to individuals who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health care and services in addition to room and board. See Utah Code 58-15-101
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
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.
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.
Jurisprudence: The study of law and the structure of the legal system.
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Laser surgery: means surgery in which human tissue is cut, burned, or vaporized by means of laser or ionizing radiation. See Utah Code 58-16a-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}
Legal custody: means :
     (3)(a) the right to determine where and with whom the child shall live;
     (3)(b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and
     (3)(c) the right to authorize surgery or other extraordinary medical care. See Utah Code 26B-5-401
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensed esthetics school: means an esthetics school licensed under this chapter. See Utah Code 58-11a-102
Licensed intermediate care facility for people with an intellectual disability: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902
Licensed nail technology school: means a nail technology school licensed under this chapter. See Utah Code 58-11a-102
Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. See Utah Code 58-17b-102
Licensed physical therapist: means a person licensed under this chapter to engage in the practice of physical therapy. See Utah Code 58-24b-102
Licensed physical therapist assistant: means a person licensed under this chapter to engage in the practice of physical therapy, subject to the provisions of Subsection 58-24b-401(2)(a). See Utah Code 58-24b-102
Licensee: means an individual licensed to practice:
     (2)(a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
     (2)(b) under Title 58, Chapter 17b, Pharmacy Practice Act;
     (2)(c) under Title 58, Chapter 28, Veterinary Practice Act;
     (2)(d) under Title 58, Chapter 31b, Nurse Practice Act;
     (2)(e) mental health therapy under Title 58, Chapter 60, Mental Health Professional Practice Act;
     (2)(f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act;
     (2)(g) under Title 58, Chapter 67, Utah Medical Practice Act;
     (2)(h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
     (2)(i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
     (2)(j) under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102
Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
Licensee: means the holder of a current valid license issued under this chapter. See Utah Code 58-26a-102
Licensee: means an individual who is licensed or certified under this chapter. See Utah Code 58-31b-102
Licensing examination: means a nationally recognized physical therapy examination that is approved by the division, in consultation with the board. See Utah Code 58-24b-102
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.
Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-1002
Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
Local substance abuse authority: means a county legislative body designated to provide substance abuse services in accordance with Section 17-43-201. See Utah Code 26B-5-201
Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301
Long-term care facility: means any of the following facilities licensed by the Department of Health and Human Services pursuant to Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
     (8)(a) a nursing care facility;
     (8)(b) a small health care facility;
     (8)(c) an intermediate care facility for people with an intellectual disability;
     (8)(d) an assisted living facility Type I or II; or
     (8)(e) a designated swing bed unit in a general hospital. See Utah Code 58-31b-102
Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
Management agreement: means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property. See Utah Code 57-29-102
Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102
Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903
Manufacturing: includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. See Utah Code 58-17b-102
Master esthetician: means an individual who is licensed under this chapter to engage in the practice of master-level esthetics. See Utah Code 58-11a-102
Master lease: means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons. See Utah Code 57-29-102
Master lease tenant: means the lessee in a master lease. See Utah Code 57-29-102
Master plan: means the Utah Behavioral Health Assessment and Master Plan. See Utah Code 26B-5-701
MCOT: means a mobile team of medical and mental health professionals that, in coordination with local law enforcement and emergency medical service personnel, provides mental health crisis services. See Utah Code 26B-5-101
Medical assistant: means an unlicensed individual working under the indirect supervision of a licensed podiatric physician and engaging in specific tasks assigned by the licensed podiatric physician in accordance with the standards and ethics of the podiatry profession. See Utah Code 58-5a-102
Medically indigent individual: means an individual who:
     (11)(a)
          (11)(a)(i) does not have health insurance; and
          (11)(a)(ii) lacks reasonable means to purchase prescribed medications; or
     (11)(b)
          (11)(b)(i) has health insurance; and
          (11)(b)(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications. See Utah Code 58-17b-902
Medication aide certified: means a certified nurse aide who:
     (9)(a) has a minimum of 2,000 hours experience working as a certified nurse aide;
     (9)(b) has received a minimum of 60 hours of classroom and 40 hours of practical training that is approved by the division in collaboration with the board, in administering routine medications to patients or residents of long-term care facilities; and
     (9)(c) is certified by the division as a medication aide certified. See Utah Code 58-31b-102
Medication-assisted treatment drug: means buprenorphine prescribed to treat substance use withdrawal symptoms or an opiate use disorder. See Utah Code 58-17b-902
Memorial service: means a service, rite, or ceremony performed:
(24)(a) with respect to the death of a human; and
(24)(b) without the body of the deceased present. See Utah Code 58-9-102
Mental disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
Mental health crisis: means :
     (6)(a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:
          (6)(a)(i) serious danger to the individual's health or well-being; or
          (6)(a)(ii) a danger to the health or well-being of others; or
     (6)(b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101
Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
     (8)(a) direct mental health services;
     (8)(b) on-site intervention provided by a mobile crisis outreach team;
     (8)(c) the provision of safety and care plans;
     (8)(d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;
     (8)(e) referrals to other community resources;
     (8)(f) local mental health crisis lines; and
     (8)(g) the statewide mental health crisis line. See Utah Code 26B-5-101
Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
Mental health officer: means an individual who is designated by a local mental health authority as qualified by training and experience in the recognition and identification of mental illness, to:
(17)(a) apply for and provide certification for a temporary commitment; or
(17)(b) assist in the arrangement of transportation to a designated mental health facility. See Utah Code 26B-5-301
Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-101
Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-601
Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
Mental illness: means :
     (18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
     (18)(b) the same as that term is defined in:
          (18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
          (18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 26B-5-601
Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-5-201
Minority leader: See Floor Leaders
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.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Nail technician: means an individual who is licensed under this chapter to engage in the practice of nail technology. See Utah Code 58-11a-102
Nail technician instructor: means a nail technician licensed under this chapter to engage in the practice of nail technology instruction. See Utah Code 58-11a-102
NASBA: means the National Association of State Boards of Accountancy. See Utah Code 58-26a-102
NCEES: means the National Council of Examiners for Engineering and Surveying. See Utah Code 58-22-102
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonablative procedure: means a procedure that is expected or intended to alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove living tissue. See Utah Code 58-1-102
Nonprescription drug: includes homeopathic remedies. See Utah Code 58-17b-102
Nonresident pharmacy: means a pharmacy located outside of Utah that sells to a person in Utah. See Utah Code 58-17b-102
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Nursing care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902
Oath: A promise to tell the truth.
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.
Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
On-site supervision: means supervision and oversight of a person by a licensed physical therapist or a licensed physical therapist assistant when the licensed physical therapist or licensed physical therapist assistant is:
     (8)(a) continuously present at the facility where the person is providing services;
     (8)(b) immediately available to assist the person; and
     (8)(c) regularly involved in the services being provided by the person. See Utah Code 58-24b-102
Ophthalmic lens: means any lens used to treat the eye and that:
     (8)(a) has a spherical, cylindrical, or prismatic power;
     (8)(b) is made pursuant to an unexpired prescription; and
     (8)(c) is intended to be used in eyeglasses or spectacles. See Utah Code 58-16a-102
Optometric assistant: means an unlicensed individual:
(9)(a) working under the direct and immediate supervision of a licensed optometrist; and
(9)(b) engaged in specific tasks assigned by the licensed optometrist in accordance with the standards and ethics of the profession. See Utah Code 58-16a-102
Out-of-state mail service pharmacy: means a pharmaceutical facility located outside the state that is licensed and in good standing in another state, that:
     (42)(a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in this state pursuant to a lawfully issued prescription;
     (42)(b) provides information to a patient in this state on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses; or
     (42)(c) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs. See Utah Code 58-17b-102
Oversight: Committee review of the activities of a Federal agency or program.
Owner: includes a shareholder, partner, operator, or other legal entity. See Utah Code 57-27-102
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.
Patient: means an individual who is:
(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or
(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. See Utah Code 58-17b-102
PCAOB: means the Public Company Accounting Oversight Board. See Utah Code 58-26a-102
Peer review: means a board approved study, appraisal, or review of one or more aspects of the attest and compilation services rendered by a licensee in the practice of public accounting, performed by a licensee holding an active license in this or another state who is not affiliated with the licensee being reviewed. See Utah Code 58-26a-102
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Pharmaceutical administration facility: means a facility, agency, or institution in which:
     (44)(a) prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency;
     (44)(b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and
     (44)(c) prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. See Utah Code 58-17b-102
Pharmaceutical care: means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule:
          (45)(a)(i) designing, implementing, and monitoring a therapeutic drug plan intended to achieve favorable outcomes related to a specific patient for the purpose of curing or preventing the patient's disease;
          (45)(a)(ii) eliminating or reducing a patient's symptoms; or
          (45)(a)(iii) arresting or slowing a disease process. See Utah Code 58-17b-102
Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. See Utah Code 58-17b-102
Pharmaceutical wholesaler or distributor: means a pharmaceutical facility engaged in the business of wholesale vending or selling of a prescription drug or device to other than a consumer or user of the prescription drug or device that the pharmaceutical facility has not produced, manufactured, compounded, or dispensed. See Utah Code 58-17b-102
Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
Pharmacist preceptor: means a licensed pharmacist in good standing with one or more years of licensed experience. See Utah Code 58-17b-102
Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. See Utah Code 58-17b-102
Pharmacy: means any place where:
     (51)(a) drugs are dispensed;
     (51)(b) pharmaceutical care is provided;
     (51)(c) drugs are processed or handled for eventual use by a patient; or
     (51)(d) drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102
Pharmacy benefits manager or coordinator: means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. See Utah Code 58-17b-102
Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102
Pharmacy manager: means :
     (54)(a) a pharmacist-in-charge;
     (54)(b) a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration;
     (54)(c) an individual who manages the facility in which a licensed pharmacy is located;
     (54)(d) an individual who oversees the operations of a licensed pharmacy;
     (54)(e) an immediate supervisor of an individual described in Subsections (54)(a) through (d); or
     (54)(f) another operations or site manager of a licensed pharmacy. See Utah Code 58-17b-102
Pharmacy technician training program: means an approved technician training program providing education for pharmacy technicians. See Utah Code 58-17b-102
Physical custody: means :
     (4)(a) placement of a child in any residential or inpatient setting;
     (4)(b) the right to physical custody of a child;
     (4)(c) the right and duty to protect the child; and
     (4)(d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401
Physical impairment: means :
     (9)(a) a mechanical impairment;
     (9)(b) a physiological impairment;
     (9)(c) a developmental impairment;
     (9)(d) a functional limitation;
     (9)(e) a disability;
     (9)(f) a mobility impairment; or
     (9)(g) a bodily malfunction. See Utah Code 58-24b-102
Physical therapy aide: means a person who:
(11)(a) is trained, on-the-job, by a licensed physical therapist; and
(11)(b) provides routine assistance to a licensed physical therapist or licensed physical therapist assistant, while the licensed physical therapist or licensed physical therapist assistant practices physical therapy, within the scope of the licensed physical therapist's or licensed physical therapist assistant's license. See Utah Code 58-24b-102
Physician: means an individual who is:
(21)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
(21)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301
Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-17b-1002
physiotherapy: means :
          (10)(a)(i) examining, evaluating, and testing an individual who has a physical impairment or injury;
          (10)(a)(ii) identifying or labeling a physical impairment or injury;
          (10)(a)(iii) formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain;
          (10)(a)(iv) assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury;
          (10)(a)(v) treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention;
          (10)(a)(vi) reducing the risk of an injury or physical impairment;
          (10)(a)(vii) providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes;
          (10)(a)(viii) promoting and maintaining health and fitness;
          (10)(a)(ix) the administration of a prescription drug pursuant to Section 58-24b-403;
          (10)(a)(x) subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58-24b-405; and
          (10)(a)(xi) engaging in administration, consultation, education, and research relating to the practices described in this Subsection (10)(a). See Utah Code 58-24b-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.
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 as a dispensing medical practitioner: means the practice of pharmacy, specifically relating to the dispensing of a prescription drug in accordance with Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and division rule adopted after consultation with the Board of pharmacy and the governing boards of the practitioners described in Subsection (23)(a). See Utah Code 58-17b-102
Practice as a licensed pharmacy technician: means engaging in practice as a pharmacy technician under the general supervision of a licensed pharmacist and in accordance with a scope of practice defined by division rule made in collaboration with the board. See Utah Code 58-17b-102
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:
          (6)(a)(i) planning;
          (6)(a)(ii) facility programming;
          (6)(a)(iii) preliminary studies;
          (6)(a)(iv) preparation of designs, drawings, and specifications;
          (6)(a)(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
          (6)(a)(vi) administration of construction contracts. See Utah Code 58-3a-102
Practice of barbering: means :
     (33)(a) cutting, clipping, or trimming the hair of the head of any person by the use of scissors, shears, clippers, or other appliances;
     (33)(b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
     (33)(c) removing hair from the face or neck of a person by the use of shaving equipment; and
     (33)(d) when providing other services described in this Subsection (33), gently massaging the head, back of the neck, and shoulders by manual or mechanical means. See Utah Code 58-11a-102
Practice of barbering instruction: means teaching the practice of barbering at a licensed barber school, at any school licensed under this chapter or for an approved barber apprenticeship. See Utah Code 58-11a-102
Practice of basic esthetics: means any one of the following skin care procedures done on the body for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
     (35)(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous removal by buffing or filing;
     (35)(b) limited chemical exfoliation as defined by rule;
     (35)(c) removing superfluous hair by means other than electrolysis, except that an individual is not required to be licensed as an esthetician to engage in the practice of threading;
     (35)(d) other esthetic preparations or procedures with the use of the hands, a high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment of medical, physical, or mental ailments;
     (35)(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions; or
     (35)(f) except as provided in Subsection (35)(f)(i), cosmetic laser procedures under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the following:
          (35)(f)(i) superfluous hair removal which shall be under indirect supervision;
          (35)(f)(ii) anti-aging resurfacing enhancements;
          (35)(f)(iii) photo rejuvenation; or
          (35)(f)(iv) tattoo removal. See Utah Code 58-11a-102
Practice of electrology: means :
(38)(a) the removal of superfluous hair from the body of a person by the use of electricity, waxing, shaving, or tweezing; or
(38)(b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to superfluous hair removal. See Utah Code 58-11a-102
Practice of electrology instruction: means teaching the practice of electrology at any school licensed under this chapter. See Utah Code 58-11a-102
Practice of environmental health science: means :
     (4)(a) the enforcement of, the issuance of permits required by, or the inspection for the purpose of enforcing state and local public health laws in the following areas:
          (4)(a)(i) air quality;
          (4)(a)(ii) food safety;
          (4)(a)(iii) solid, hazardous, and toxic substances disposal;
          (4)(a)(iv) consumer product safety;
          (4)(a)(v) housing;
          (4)(a)(vi) noise control;
          (4)(a)(vii) radiation protection;
          (4)(a)(viii) water quality;
          (4)(a)(ix) vector control;
          (4)(a)(x) drinking water quality;
          (4)(a)(xi) milk sanitation;
          (4)(a)(xii) rabies control;
          (4)(a)(xiii) public health nuisances;
          (4)(a)(xiv) indoor clean air regulations;
          (4)(a)(xv) institutional and residential sanitation; or
          (4)(a)(xvi) recreational facilities sanitation; or
     (4)(b) representing oneself in any manner as, or using the titles "environmental health scientist" "environmental health scientist-in-training" or "registered sanitarian. See Utah Code 58-20b-102
Practice of esthetics instruction: means teaching the practice of basic esthetics or the practice of master-level esthetics:
(40)(a) at any school licensed under this chapter; or
(40)(b) for an approved esthetician apprenticeship or an approved master esthetician apprenticeship. See Utah Code 58-11a-102
Practice of eyelash and eyebrow technology: means arching eyebrows by tweezing, tinting eyelashes or eyebrows, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions. See Utah Code 58-11a-102
Practice of eyelash and eyebrow technology instruction: means teaching the practice of eyelash and eyebrow technology at any school licensed under this chapter or for an approved eyelash and eyebrow technician apprenticeship. See Utah Code 58-11a-102
Practice of funeral service: means :
     (25)(a) supervising the receipt of custody and transportation of a dead human body to prepare the body for:
          (25)(a)(i) disposition; or
          (25)(a)(ii) shipment to another location;
     (25)(b) entering into a contract with a person to provide professional services regulated under this chapter;
     (25)(c) embalming or otherwise preparing a dead human body for disposition;
     (25)(d) supervising the arrangement or conduct of:
          (25)(d)(i) a funeral service;
          (25)(d)(ii) a graveside service; or
          (25)(d)(iii) a memorial service;
     (25)(e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or the body's remains;
     (25)(f) supervising the arrangement of:
          (25)(f)(i) a disposition; or
          (25)(f)(ii) a direct disposition;
     (25)(g) facilitating:
          (25)(g)(i) a disposition; or
          (25)(g)(ii) a direct disposition;
     (25)(h) supervising the sale of funeral merchandise by a funeral establishment;
     (25)(i) managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment;
     (25)(j) supervising the sale of a preneed funeral arrangement; and
     (25)(k) contracting with or employing individuals to sell a preneed funeral arrangement. See Utah Code 58-9-102
Practice of hair design: means :
     (43)(a) styling, arranging, dressing, curling, waving, permanent waving, cleansing, singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a person;
     (43)(b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors, shears, clippers, or other appliances;
     (43)(c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or both on the human head; or
     (43)(d) practicing hair weaving, hair fusing, or servicing previously medically implanted hair. See Utah Code 58-11a-102
Practice of hair design instruction: means teaching the practice of hair design at any school licensed under this chapter. See Utah Code 58-11a-102
practice of master-level esthetics: includes :
(45)(c)(i) the practice of esthetics, but an individual is not required to be licensed as an esthetician or master-level esthetician to engage in the practice of threading; and
(45)(c)(ii) the practice of eyelash and eyebrow technology. See Utah Code 58-11a-102
Practice of nail technology: includes :
(46)(b)(i) the application and removal of sculptured or artificial nails; and
(46)(b)(ii) using blades, including corn or callus planer or rasp, for smoothing, shaving, or removing dead skin from the feet. See Utah Code 58-11a-102
Practice of nail technology instruction: means teaching the practice of nail technology at any school licensed under this chapter or for an approved nail technician apprenticeship. See Utah Code 58-11a-102
Practice of nursing: includes :
     (12)(a) initiating and maintaining comfort measures;
     (12)(b) promoting and supporting human functions and responses;
     (12)(c) establishing an environment conducive to well-being;
     (12)(d) providing health counseling and teaching;
     (12)(e) collaborating with health care professionals on aspects of the health care regimen;
     (12)(f) performing delegated procedures only within the education, knowledge, judgment, and skill of the licensee;
     (12)(g) delegating nursing tasks that may be performed by others, including an unlicensed assistive personnel; and
     (12)(h) supervising an individual to whom a task is delegated under Subsection (12)(g) as the individual performs the task. See Utah Code 58-31b-102
Practice of pharmacy: includes the following:
     (58)(a) providing pharmaceutical care;
     (58)(b) collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;
     (58)(c) compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:
          (58)(c)(i) pursuant to a lawful order of a practitioner when one is required by law; and
          (58)(c)(ii) in accordance with written guidelines or protocols:
               (58)(c)(ii)(A) established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or
               (58)(c)(ii)(B) approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;
     (58)(d) participating in drug utilization review;
     (58)(e) ensuring proper and safe storage of drugs and devices;
     (58)(f) maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;
     (58)(g) providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;
     (58)(h) providing drug product equivalents;
     (58)(i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;
     (58)(j) providing patient counseling, including adverse and therapeutic effects of drugs;
     (58)(k) providing emergency refills as defined by rule;
     (58)(l) telepharmacy;
     (58)(m) formulary management intervention;
     (58)(n) prescribing and dispensing a self-administered hormonal contraceptive in accordance with Title 26B, Chapter 4, Part 5, Treatment Access; and
     (58)(o) issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102
Practice of podiatry: means , subject to Section 58-5a-103, the diagnosis and treatment of conditions affecting the human foot and ankle and their manifestations of systemic conditions, and wound debridement on the limbs and torso, by all appropriate and lawful means. See Utah Code 58-5a-102
practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102
Practice of public accounting: means , while holding oneself out as a certified public accountant, offering to perform or performing one or more kinds of services involving the use of auditing or accounting skills, including issuing reports or opinions on financial statements, performing attestation engagements, performing one or more kinds of advisory or consulting services, preparing tax returns, or furnishing advice on tax matters for a client. See Utah Code 58-26a-102
Practice of registered nursing: means performing acts of nursing as provided in this Subsection (14) by an individual licensed under this chapter as a registered nurse within the generally recognized scope of practice of registered nurses as defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-31b-102
practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:
          (14)(a)(i) buildings and other structures representing a substantial hazard to human life, which include:
               (14)(a)(i)(A) buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;
               (14)(a)(i)(B) buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;
               (14)(a)(i)(C) buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;
               (14)(a)(i)(D) health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;
               (14)(a)(i)(E) jails and detention facilities with a gross area greater than 3,000 square feet; and
               (14)(a)(i)(F) buildings and other structures with an occupant load greater than 5,000;
          (14)(a)(ii) buildings and other structures designated as essential facilities, including:
               (14)(a)(ii)(A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;
               (14)(a)(ii)(B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;
               (14)(a)(ii)(C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;
               (14)(a)(ii)(D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;
               (14)(a)(ii)(E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;
               (14)(a)(ii)(F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and
               (14)(a)(ii)(G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and
          (14)(a)(iii) buildings and other structures requiring special consideration, including:
               (14)(a)(iii)(A) structures or buildings that are normally occupied by human beings and are five stories or more in height;
               (14)(a)(iii)(B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and
               (14)(a)(iii)(C) buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102
Practice of telepharmacy: means the practice of pharmacy through the use of telecommunications and information technologies. See Utah Code 58-17b-102
Practice of telepharmacy across state lines: means the practice of pharmacy through the use of telecommunications and information technologies that occurs when the patient is physically located within one jurisdiction and the pharmacist is located in another jurisdiction. See Utah Code 58-17b-102
Practice of veterinary technology: means to perform tasks that are:
     (12)(a) related to the care and treatment of animals;
     (12)(b) delegated by a veterinarian;
     (12)(c) performed under the direct or indirect supervision of a veterinarian; and
     (12)(d) permitted by administrative rule and performed in accordance with the standards of the profession. See Utah Code 58-28-102
Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-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.
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
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:
          (26)(a)(i) goods;
          (26)(a)(ii) services, including:
               (26)(a)(ii)(A) embalming services; and
               (26)(a)(ii)(B) funeral directing services;
          (26)(a)(iii) real property; or
          (26)(a)(iv) personal property, including:
               (26)(a)(iv)(A) a casket;
               (26)(a)(iv)(B) another primary container;
               (26)(a)(iv)(C) a cremation, alkaline hydrolysis, or transportation container;
               (26)(a)(iv)(D) an outer burial container;
               (26)(a)(iv)(E) a vault;
               (26)(a)(iv)(F) a grave liner;
               (26)(a)(iv)(G) funeral clothing and accessories;
               (26)(a)(iv)(H) a monument;
               (26)(a)(iv)(I) a grave marker; and
               (26)(a)(iv)(J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
Prepackaged drug: means a prescription drug that:
     (5)(a) is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and
     (5)(b) is packaged in a fixed quantity per package by:
          (5)(b)(i) the drug manufacturer;
          (5)(b)(ii) a pharmaceutical wholesaler or distributor; or
          (5)(b)(iii) a pharmacy licensed under this title. See Utah Code 58-17b-802
Prescribe: means to issue a prescription:
(62)(a) orally or in writing; or
(62)(b) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-17b-102
Prescriber: means an individual licensed or authorized to prescribe contact lenses under this title. See Utah Code 58-16a-903
Prescription: means an order issued:
(63)(a) by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
(63)(b) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102
Prescription device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, and any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by or through a person or entity licensed under this chapter or exempt from licensure under this chapter. See Utah Code 58-17b-102
Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-17b-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
Principal: means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice. See Utah Code 58-22-102
Principal place of business: means the office location designated by the licensee for purposes of substantial equivalency and licensure by endorsement. See Utah Code 58-26a-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
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 :
     (26)(a) a civil suit;
     (26)(b) arbitration or mediation; and
     (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Utah Code 57-26-102
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
Professional engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102
Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102
Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102
profile: means a record system maintained as to drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze the profile to provide pharmaceutical care. See Utah Code 58-17b-102
Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
Program: means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903. See Utah Code 58-17b-902
Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-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.
Psychiatrist: means an individual who:
(8)(a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(8)(b) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists. See Utah Code 26B-5-601
Public funds: include federal and state money that has been transferred by a local substance abuse authority or a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority. See Utah Code 26B-5-101
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
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
Purported grantee: means a person who is identified as the grantee on a fraudulent deed. See Utah Code 57-31-101
Purported grantor: means a person who executes or causes to be executed a fraudulent deed. See Utah Code 57-31-101
Qualified adult: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
Qualified business entity: means a sole proprietorship, corporation, limited liability company, or partnership engaged in the practice of public accountancy. See Utah Code 58-26a-102
Qualified continuing professional education: means a formal program of education that contributes directly to the professional competence of a certified public accountant. See Utah Code 58-26a-102
Qualified epinephrine auto-injector entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
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:
     (27)(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
     (27)(b) the voting of which is controlled, by:
          (27)(b)(i) a director who has a conflicting interest respecting the transaction;
          (27)(b)(ii) a related person of that director; or
          (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
Qualified stock albuterol entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
Qualifying examinations: means :
     (19)(a) the AICPA Uniform CPA Examination;
     (19)(b) the AICPA Examination of Professional Ethics for CPAs;
     (19)(c) the Utah Laws and Rules Examination; and
     (19)(d) any other examination approved by the board and adopted by the division by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-26a-102
Quorum: The number of legislators that must be present to do business.
Real estate professional: means a licensee under Title 61, Chapter 2f, Real Estate Licensing and Practices Act. See Utah Code 57-27-102
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Recognized accreditation agency: means an accreditation agency that:
(12)(a) grants accreditation, nationally, in the United States of America; and
(12)(b) is approved by the division, in consultation with the board. See Utah Code 58-24b-102
Recognized barber school: means a barber school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
Recognized electrology school: means an electrology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
Recognized esthetics school: means an esthetics school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
Recognized eyelash and eyebrow technology school: means an eyelash and eyebrow technology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
Recognized hair design school: means a hair design school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
Recognized nail technology school: means a nail technology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
Record: means to submit a document to a county recorder for official placement in a public land record. See Utah Code 57-30-101
Record interest holder: means a person:
(6)(a) who holds or possesses a present, lawful property interest in real property; and
(6)(b) whose name and interest in the real property appears in the county recorder's records for the county in which the property is located. See Utah Code 57-31-101
Registered nurse apprentice: means an individual licensed under Subsection 58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing under the indirect supervision of an individual licensed under:
     (15)(a) Subsection 58-31b-301(2)(c), (e), or (f);
     (15)(b) Chapter 67, Utah Medical Practice Act; or
     (15)(c) Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-31b-102
Relative: means an adult who is a spouse, parent, stepparent, grandparent, child, or sibling of an individual. See Utah Code 26B-5-501
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.
Rents: means :
     (12)(a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
     (12)(b) sums payable to an assignor under a policy of rental interruption insurance covering real property;
     (12)(c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
     (12)(d) sums payable to terminate an agreement to possess or occupy real property of another person;
     (12)(e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or
     (12)(f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102
Report: when used with reference to financial statements, means:
          (20)(a)(i) an opinion, report, or other form of language that:
               (20)(a)(i)(A) states or implies assurance as to the reliability of the attested information or compiled financial statements; or
               (20)(a)(i)(B) implies that the person or firm issuing the report has special knowledge or competence in accounting or auditing and specifically includes compilations and reviews; such an implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is a public accountant or auditor, or from the language of the report itself; or
          (20)(a)(ii) any disclaimer of opinion when it is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or language suggesting special competence on the part of the person or firm issuing such language; and the report includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence. See Utah Code 58-26a-102
Research using pharmaceuticals: means research:
     (67)(a) conducted in a research facility, as defined by division rule, that is associated with a university or college in the state accredited by the Northwest Commission on Colleges and Universities;
     (67)(b) requiring the use of a controlled substance, prescription drug, or prescription device;
     (67)(c) that uses the controlled substance, prescription drug, or prescription device in accordance with standard research protocols and techniques, including, if required, those approved by an institutional review committee; and
     (67)(d) that includes any documentation required for the conduct of the research and the handling of the controlled substance, prescription drug, or prescription device. See Utah Code 58-17b-102
Residential: means any out-of-home placement made by a local mental health authority, but does not include out-of-home respite care. See Utah Code 26B-5-401
Residential property service agreement: means , except as provided in Subsection (4)(b), an agreement to provide services in connection with:
(4)(a)(i) the purchase or sale of residential real estate; or
(4)(a)(ii) the maintenance of residential real estate in preparation for purchase or sale. See Utah Code 57-30-101
Residential real estate: means real property located in the state that is:
(5)(a) used primarily for a personal, family, or household purpose; and
(5)(b) contains fewer than five dwelling units. See Utah Code 57-30-101
Resomation: means the alkaline hydrolysis process. See Utah Code 58-9-102
Respite care: means temporary, periodic relief provided to parents or guardians from the daily care of children with serious emotional disorders for the limited time periods designated by the division. See Utah Code 26B-5-401
Retail pharmacy: means a pharmaceutical facility dispensing prescription drugs and devices to the general public. See Utah Code 58-17b-102
Review of financial statements: means providing a service in accordance with the Statements on Standards for Accounting and Review Services (SSARS) in which the accountant obtains limited assurance as a basis for reporting whether the accountant is aware of any material modifications that should be made to the financial statements for them to be in accordance with the applicable financial reporting framework, primarily through the performance of inquiry and analytical procedures. See Utah Code 58-26a-102
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
Salon: means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, nail technology, or eyelash and eyebrow technology is practiced. See Utah Code 58-11a-102
Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. See Utah Code 57-26-102
Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Utah Code 57-26-102
Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. See Utah Code 58-17b-102
Self-audit: means an internal evaluation of a pharmacy to determine compliance with this chapter. See Utah Code 58-17b-102
Serious bodily injury: means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 26B-5-301
Serious harm: means the individual, due to substance use disorder, is at serious risk of:
     (4)(a) drug overdose;
     (4)(b) suicide;
     (4)(c) serious bodily self-injury;
     (4)(d) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter; or
     (4)(e) causing or attempting to cause serious bodily injury to another individual. See Utah Code 26B-5-501
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.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Shareholder: means :
(34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
(34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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
Skilled nursing facility: means an institution primarily providing inpatients with skilled nursing care and related services on a continuing basis for patients who require mental, medical, or nursing care, or service for the rehabilitation of an injured individual, a sick individual, or an individual with a disability. See Utah Code 58-15-101
Sponsor: means a person who is the original seller of an undivided fractionalized long-term estate. See Utah Code 57-29-102
Stabilization services: means in-home services provided to a child with, or who is at risk for, complex emotional and behavioral needs, including teaching the child's parent or guardian skills to improve family functioning. See Utah Code 26B-5-101
State certification: means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification as a veterinary technician related to the practice of veterinary technology. See Utah Code 58-28-102
State certified: means , when used in conjunction with the occupation of veterinary technician, a title that:
(14)(a) may be used by an individual who has met state certification requirements related to the occupation of veterinary technician as described in this chapter; and
(14)(b) may not be used by an individual who has not met the state certification requirements related to the occupation of veterinary technician as described in this chapter. See Utah Code 58-28-102
State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
Statewide mental health crisis line: means the same as that term is defined in Section 26B-5-610. See Utah Code 26B-5-101
Statute: A law passed by a legislature.
Stock albuterol: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
Structure: means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102
Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
Substantial danger: means that due to mental illness, an individual is at serious risk of:
     (24)(a) suicide;
     (24)(b) serious bodily self-injury;
     (24)(c) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter;
     (24)(d) causing or attempting to cause serious bodily injury to another individual;
     (24)(e) engaging in harmful sexual conduct; or
     (24)(f) if not treated, suffering severe and abnormal mental, emotional, or physical distress that:
          (24)(f)(i) is associated with significant impairment of judgment, reason, or behavior; and
          (24)(f)(ii) causes a substantial deterioration of the individual's previous ability to function independently. See Utah Code 26B-5-301
Substantial equivalency: means a determination by the division in collaboration with the board or the board's designee that:
(22)(a)(i) the education, examination, and experience requirements set forth in the statutes and administrative rules of another state are comparable to or exceed the education, examination, and experience requirements set forth in the Uniform Accountancy Act; or
(22)(a)(ii) an individual CPA's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements set forth in the Uniform Accountancy Act. See Utah Code 58-26a-102
Summons: Another word for subpoena used by the criminal justice system.
Superficial procedure: means a procedure that is expected or intended to temporarily alter living skin tissue and may excise or remove stratum corneum but have no appreciable risk of damage to any tissue below the stratum corneum. See Utah Code 58-1-102
Supervising pharmacist: means a pharmacist who is overseeing the operation of the pharmacy during a given day or shift. See Utah Code 58-17b-102
Supervision: means that a licensed professional engineer, professional structural engineer, or professional land surveyor is responsible for and personally reviews, corrects when necessary, and approves work performed by an employee, subordinate, associate, or drafter under the direction of the licensee, and may be further defined by rule by the division in collaboration with the board. See Utah Code 58-22-102
Supportive personnel: means unlicensed individuals who:
(72)(a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and
(72)(b) are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. See Utah Code 58-17b-102
Targeted case management: means a service that assists Medicaid recipients in a target group to gain access to needed medical, social, educational, and other services. See Utah Code 26B-5-101
Teen substance use school: means any school established by the local substance abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an educational, interpersonal, skill-building experience for juvenile substance abuse offenders and their parents or legal guardians. See Utah Code 26B-5-201
Teeth floating: means the removal of enamel points and the smoothing, contouring, and leveling of dental arcades and incisors of equine and other farm animals. See Utah Code 58-28-102
Telemedicine service: means the same as that term is defined in Section 26B-4-704. See Utah Code 58-1-102
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
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
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.
Testing: includes measurement or evaluation of:
          (13)(b)(i) muscle strength, force, endurance, or tone;
          (13)(b)(ii) cardiovascular fitness;
          (13)(b)(iii) physical work capacity;
          (13)(b)(iv) joint motion, mobility, or stability;
          (13)(b)(v) reflexes or autonomic reactions;
          (13)(b)(vi) movement skill or accuracy;
          (13)(b)(vii) sensation;
          (13)(b)(viii) perception;
          (13)(b)(ix) peripheral nerve integrity;
          (13)(b)(x) locomotor skills, stability, and endurance;
          (13)(b)(xi) the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
          (13)(b)(xii) posture;
          (13)(b)(xiii) body mechanics;
          (13)(b)(xiv) limb length, circumference, and volume;
          (13)(b)(xv) thoracic excursion and breathing patterns;
          (13)(b)(xvi) activities of daily living related to physical movement and mobility;
          (13)(b)(xvii) functioning in the physical environment at home or work, as it relates to physical movement and mobility; and
          (13)(b)(xviii) neural muscular responses. See Utah Code 58-24b-102
Therapeutic intervention: includes :
     (15)(a) therapeutic exercise, with or without the use of a device;
     (15)(b) functional training in self-care, as it relates to physical movement and mobility;
     (15)(c) community or work integration, as it relates to physical movement and mobility;
     (15)(d) manual therapy, including:
          (15)(d)(i) soft tissue mobilization;
          (15)(d)(ii) therapeutic massage; or
          (15)(d)(iii) joint mobilization, as defined by the division, by rule;
     (15)(e) prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic, protective, or supportive device;
     (15)(f) airway clearance techniques, including postural drainage;
     (15)(g) integumentary protection and repair techniques;
     (15)(h) wound debridement, cleansing, and dressing;
     (15)(i) the application of a physical agent, including:
          (15)(i)(i) light;
          (15)(i)(ii) heat;
          (15)(i)(iii) cold;
          (15)(i)(iv) water;
          (15)(i)(v) air;
          (15)(i)(vi) sound;
          (15)(i)(vii) compression;
          (15)(i)(viii) electricity; and
          (15)(i)(ix) electromagnetic radiation;
     (15)(j) mechanical or electrotherapeutic modalities;
     (15)(k) positioning;
     (15)(l) instructing or training a patient in locomotion or other functional activities, with or without an assistive device;
     (15)(m) manual or mechanical traction;
     (15)(n) correction of posture, body mechanics, or gait; and
     (15)(o) trigger point dry needling, under the conditions described in Section 58-24b-505. See Utah Code 58-24b-102
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.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trigger point dry needling: means the stimulation of a trigger point using a dry needle to treat neuromuscular pain and functional movement deficits. See Utah Code 58-24b-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.
Undivided fractionalized long-term estate: means an ownership interest in real property by two or more persons that is:
(8)(a)(i) a tenancy in common; or
(8)(a)(ii) a fee estate. See Utah Code 57-29-102
Unexpired: means a prescription that was issued:
(15)(a) for ophthalmic lenses which does not expire unless the optometrist or physician includes an expiration date on the prescription based on medical reasons that are documented in the patient's file; and
(15)(b) in accordance with Subsection (3) for a contact lens. See Utah Code 58-16a-102
Uniform Accountancy Act: means the model public accountancy legislation developed and promulgated by national accounting and regulatory associations that contains standardized definitions and regulations for the practice of public accounting as recognized by the division in collaboration with the board. See Utah Code 58-26a-102
Unit pack: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902
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 Subsection 58-1-501(1). See Utah Code 58-1-102
Unlawful conduct: includes :
     (6)(a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
     (6)(b) for an individual who is not licensed under this chapter:
          (6)(b)(i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102
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
Unlawful conduct: is a s defined in Sections 58-1-501 and 58-11a-502. See Utah Code 58-11a-102
Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-501. See Utah Code 58-17b-102
Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-501. See Utah Code 58-31b-102
Unlicensed assistive personnel: means any unlicensed individual, regardless of title, who is delegated a task by a licensed nurse as permitted by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession. See Utah Code 58-31b-102
Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
Unprofessional conduct: includes , for an individual licensed under this chapter:
          (7)(a)(i) the conduct that constitutes unprofessional conduct under Section 58-1-501;
          (7)(a)(ii) communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient;
          (7)(a)(iii) allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;
          (7)(a)(iv) except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;
          (7)(a)(v) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;
          (7)(a)(vi) unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;
          (7)(a)(vii) gross incompetency in the practice of podiatry;
          (7)(a)(viii) willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;
          (7)(a)(ix) willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due;
          (7)(a)(x) willfully using false or fraudulent advertising;
          (7)(a)(xi) conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
          (7)(a)(xii) falsely making an entry in, or altering, a medical record with the intent to conceal:
               (7)(a)(xii)(A) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or
               (7)(a)(xii)(B) conduct described in Subsections (7)(a)(i) through (xi) or Subsection 58-1-501(1); or
          (7)(a)(xiii) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. See Utah Code 58-5a-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
Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-11a-501 and as may be further defined by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-20b-501 and as may be further defined by division rule. See Utah Code 58-20b-102
Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-26a-502 and as may be further defined by rule. See Utah Code 58-26a-102
Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-28-502 and may be further defined by rule. See Utah Code 58-28-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-31b-102
Urn: means a receptacle designed to permanently encase cremated or alkaline hydrolysis remains. See Utah Code 58-9-102
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Veteran: means an individual who:
          (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
               (44)(a)(i)(A) on active duty; or
               (44)(a)(i)(B) in a reserve component, to include the National Guard; or
          (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
          (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
Veterinarian: means an individual licensed under this chapter to engage in the practice of veterinary medicine, surgery, and dentistry. See Utah Code 58-28-102
Veterinarian-client-patient relationship: means :
     (20)(a) a veterinarian has assumed responsibility for making clinical judgements regarding the health of an animal and the need for medical treatment of an animal, and the client has agreed to follow the veterinarian's instructions;
     (20)(b) the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, including knowledge of the keeping and care of the animal as a result of recent personal examination of the animal or by medically appropriate visits to the premises where the animal is housed; and
     (20)(c) the veterinarian has arranged for emergency coverage for follow-up evaluation in the event of adverse reaction or the failure of the treatment regimen. See Utah Code 58-28-102
Veterinary pharmaceutical facility: means a pharmaceutical facility that dispenses drugs intended for use by animals or for sale to veterinarians for the administration for animals. See Utah Code 58-17b-102
Woman: means an adult human female. See Utah Code 68-3-12.5
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
Written communication: means a physical document, or an electronic communication, by or from which the recipient may read or access the information intended to be communicated, including:
     (76)(a) email;
     (76)(b) text message; and
     (76)(c) quick response (QR) code. See Utah Code 58-17b-102