Utah Code > Title 26B > Chapter 7 – Public Health and Prevention

		Sections
Part 1	Health Promotion and Risk Reduction	26B-7-101 – 26B-7-124
Part 2	Detection and Management of Chronic and Communicable Diseases andPublic Health Emergencies	26B-7-201 – 26B-7-227
Part 3	Treatment, Isolation, and Quarantine Procedures for Communicable Diseases	26B-7-301 – 26B-7-324
Part 4	General Sanitation and Food Safety	26B-7-401 – 26B-7-416
Part 5	Regulation of Smoking, Tobacco Products, and Nicotine Products	26B-7-501 – 26B-7-522

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Terms Used In Utah Code > Title 26B > Chapter 7 - Public Health and Prevention

Adequate records: means legible records that contain, at a minimum:
     (1)(a) the athletic training service plan or protocol;
     (1)(b) an evaluation of objective findings;
     (1)(c) the plan of care and the treatment records; or
     (1)(d) written orders. See Utah Code 58-40a-102
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
Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.
Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agritourism activity. See Utah Code 26B-7-401
Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401
alarm company: means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection (1)(b). See Utah Code 58-55-102
Alarm company officer: means :
     (3)(a) a governing person, as defined in Section 48-3a-102, of an alarm company;
     (3)(b) an individual appointed as an officer of an alarm company that is a corporation in accordance with Section 16-10a-830;
     (3)(c) a general partner, as defined in Section 48-2e-102, of an alarm company; or
     (3)(d) a partner, as defined in Section 48-1d-102, of an alarm company. See Utah Code 58-55-102
Alarm company owner: means :
     (4)(a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an alarm company that:
          (4)(a)(i) is a corporation; and
          (4)(a)(ii) is not publicly listed or traded; or
     (4)(b) an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an alarm company that is not a corporation. See Utah Code 58-55-102
Alarm company proprietor: means the sole proprietor of an alarm company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code. See Utah Code 58-55-102
Alarm company trustee: means an individual with control of or power of administration over property held in trust. See Utah Code 58-55-102
Alarm system: includes a battery-charged suspended-wire system or fence that is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises. See Utah Code 58-55-102
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.
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.
Apprentice electrician: means a person licensed under this chapter as an apprentice electrician who is learning the electrical trade under the immediate supervision of a master electrician, residential master electrician, a journeyman electrician, or a residential journeyman electrician. See Utah Code 58-55-102
Apprentice plumber: means a person licensed under this chapter as an apprentice plumber who is learning the plumbing trade under the immediate supervision of a master plumber, residential master plumber, journeyman plumber, or a residential journeyman plumber. See Utah Code 58-55-102
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 continuing education: means instruction provided through courses under a program established under Subsection Utah Code 58-55-102
Approved prelicensure course provider: means a provider that is the Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and Contractors, or the Utah Home Builders Association, and that meets the requirements established by rule by the commission with the concurrence of the director, to teach the 25-hour course described in Subsection 58-55-302(1)(e)(iii). See Utah Code 58-55-102
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
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
ASHA: means the American Speech-Language-Hearing Association. See Utah Code 58-41-2
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Association: means the Utah Speech-Language-Hearing Association. See Utah Code 58-41-2
Athlete: means an individual, referee, coach, or athletic staff member who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and the exercises, sports, or games are of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization. See Utah Code 58-40a-102
Athletic trainer: means an individual who is licensed under this chapter and carries out the practice of athletic training. See Utah Code 58-40a-102
Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2
Audiology aide: means an individual who:
(5)(a) meets the minimum qualifications established by the board for audiology aides. See Utah Code 58-41-2
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}
Bioterrorism: means :
(1)(a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
(1)(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301
Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2
Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
Board: means the Respiratory Care Licensing Board created in Section 58-57-3. See Utah Code 58-57-2
Board: means the Athletic Trainers Licensing Board created in Section 58-40a-201. See Utah Code 58-40a-102
Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102
Board: means the Certified Nurse Midwife Board created in Section 58-44a-201. See Utah Code 58-44a-102
Board: means the Board of Massage Therapy created in Section 58-47b-201. See Utah Code 58-47b-102
Board: means the Landscape Architects Board created in Section 58-53-201. See Utah Code 58-53-102
Board: means the Radiologic Technologist Licensing Board established under this chapter. See Utah Code 58-54-102
Board: means the Electrician Licensing Board, Alarm System Security and Licensing Board, or Plumbers Licensing Board created in Section 58-55-201. See Utah Code 58-55-102
Board: means the Behavioral Health Board created in Section Utah Code 58-60-102
Body art facility: means a facility where an individual practices or instructs:
     (6)(a) body piercing;
     (6)(b) branding;
     (6)(c) permanent cosmetics;
     (6)(d) scarification; or
     (6)(e) tattooing. See Utah Code 26B-7-401
Body piercing: means any method of piercing the skin or mucosa to place jewelry through the skin or mucosa. See Utah Code 26B-7-401
Branding: means the process in which a mark is burned, with or without heated metal, into human tissue with the intention of leaving a permanent mark. See Utah Code 26B-7-401
Breast: means the female mammary gland and does not include the muscles, connective tissue, or other soft tissue of the upper chest. See Utah Code 58-47b-102
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
Carrier: means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. See Utah Code 26B-7-201
CCC: means the certificate of clinical competence awarded by the American Speech-Language-Hearing Association. See Utah Code 58-41-2
Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2
Certified food safety manager: means a manager of a food service establishment who:
     (9)(a) passes successfully a department-approved examination;
     (9)(b) successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and
     (9)(c) submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Clinical supervision: means work experience conducted under the supervision of a clinical supervisor, including:
     (3)(a) the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the course of the day-to-day job functions and work of a:
          (3)(a)(i) certified social worker;
          (3)(a)(ii) associate marriage and family therapist;
          (3)(a)(iii) associate clinical mental health counselor; or
          (3)(a)(iv) associate master addiction counselor, wherein the supervisor is available for consultation with the supervisee by personal face-to-face contact, or direct voice contact by telephone, radio, or other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged. See Utah Code 58-60-102
Clinical supervisor: means an individual who oversees and mentors one or more mental health therapists licensed under this chapter, and who:
     (4)(a)
          (4)(a)(i) is licensed, in good standing, as a mental health therapist;
          (4)(a)(ii) is approved or certified in good standing as a supervisor by a national professional organization for social work, mental health counseling, addiction counseling, marriage and family therapy, psychology, medicine, or nursing, or other organization as approved by the division;
          (4)(a)(iii)
               (4)(a)(iii)(A) has completed eight or more hours of supervision instruction that meets minimum standards established by the division in rule; or
               (4)(a)(iii)(B) has completed a graduate course on clinical supervision from an accredited program;
          (4)(a)(iv) completes continuing education in clinical supervision, as established by the division in rule; and
          (4)(a)(v) provides supervision to no more than the number of individuals to whom the supervisor can reasonably provide clinical supervision by performing the duties and responsibilities of a supervisor, including:
               (4)(a)(v)(A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable time frame;
               (4)(a)(v)(B) providing instruction, direction, oversight, observation, evaluation, and feedback, to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to engage in the practice of behavioral health care ethically, safely, and competently; and
               (4)(a)(v)(C) maintaining routine personal contact with the supervisee; and
     (4)(b)
          (4)(b)(i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024; and
          (4)(b)(ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027. See Utah Code 58-60-102
Combustion system: means an assembly consisting of:
     (13)(a) piping and components with a means for conveying, either continuously or intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the appliance;
     (13)(b) the electric control and combustion air supply and venting systems, including air ducts; and
     (13)(c) components intended to achieve control of quantity, flow, and pressure. See Utah Code 58-55-102
Commission: means the Construction Services Commission created under Section 58-55-103. See Utah Code 58-55-102
Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2
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.
Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201
Community location: means the same as that term is defined:
(1)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Confidential communication: means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is:
     (5)(a)
          (5)(a)(i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or
          (5)(a)(ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and
     (5)(b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:
          (5)(b)(i) present to further the interest of the client or patient in the consultation, examination, or interview;
          (5)(b)(ii) reasonably necessary for the transmission of the communications; or
          (5)(b)(iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. See Utah Code 58-60-102
Construction trade: means any trade or occupation involving:
     (15)(a)
          (15)(a)(i) construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and
          (15)(a)(ii) constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section 15A-1-302; or
     (15)(b) installation or repair of a residential or commercial natural gas appliance or combustion system. See Utah Code 58-55-102
Construction trades instructor: means a person licensed under this chapter to teach one or more construction trades in both a classroom and project environment, where a project is intended for sale to or use by the public and is completed under the direction of the instructor, who has no economic interest in the project. See Utah Code 58-55-102
Consultation and Referral Plan: means a written plan jointly developed by a certified nurse midwife, as defined in Subsection (7), and a consulting physician that permits the certified nurse midwife to prescribe schedule II-III controlled substances in consultation with the consulting physician. See Utah Code 58-44a-102
Consulting physician: means a physician and surgeon or osteopathic physician:
     (4)(a) with an unrestricted license as a physician;
     (4)(b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and
     (4)(c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102
Contact: means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection. See Utah Code 26B-7-201
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
          (17)(a)(i) a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
          (17)(a)(ii) any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;
          (17)(a)(iii) any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
          (17)(a)(iv) any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
          (17)(a)(v) a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
               (17)(a)(v)(A) performs or offers to perform construction consulting;
               (17)(a)(v)(B) performs or offers to perform management of construction subcontractors;
               (17)(a)(v)(C) provides or offers to provide a list of subcontractors or suppliers; or
               (17)(a)(v)(D) provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
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.
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
Court: means the particular court that orders probation in a case. See Utah Code 58-50-2
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}
Critical access hospital: means a hospital in a rural or medically underserved area that is recognized by the Centers for Medicare and Medicaid Services as meeting the conditions of participation specified in 42 C. See Utah Code 58-54-102
Cross examine: Questioning of a witness by the attorney for the other side.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dangerous public health condition: means any of the following:
     (2)(a) cholera;
     (2)(b) pneumonic plague;
     (2)(c) severe acute respiratory syndrome;
     (2)(d) smallpox;
     (2)(e) tuberculosis;
     (2)(f) any viral hemorrhagic fever;
     (2)(g) measles; or
     (2)(h) any infection:
          (2)(h)(i) that is new, drug resistant, or reemerging;
          (2)(h)(ii) that evidence suggests is likely to cause either high mortality or morbidity; and
          (2)(h)(iii) only if the relevant legislative body of the county where the infection is located approves as needing containment. See Utah Code 26B-7-301
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Commerce. See Utah Code 58-1-102
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Diagnostic information: means a clinical facility's record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results. See Utah Code 26B-7-301
Dietetics: includes :
     (3)(a) the evaluation of a person's dietary status;
     (3)(b) the advising and education of persons on dietary needs; and
     (3)(c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. See Utah Code 58-49-2
Direct client care: includes :
          (7)(b)(i) the practice of mental health therapy;
          (7)(b)(ii) the utilization of patient-reported progress and outcomes to inform care; and
          (7)(b)(iii) direct observation. See Utah Code 58-60-102
Direct clinical supervision: includes group supervision. See Utah Code 58-60-102
Direct clinical supervisor: means the clinical supervisor who has signed the supervision contract with the applicant for licensure. See Utah Code 58-60-102
Direct observation: means observation of an applicant for licensure's live or recorded direct client care:
     (10)(a)
          (10)(a)(i) by the applicant for licensure's clinical supervisor; or
          (10)(a)(ii) by a licensee under Subsection (4)(a) who the applicant for licensure's direct clinical supervisor approves; and
     (10)(b) after which the applicant for licensure and the observer under Subsection (10)(a) meet, in-person or electronically, to discuss the direct client care for the purpose of developing the applicant for licensure's clinical knowledge and skill. See Utah Code 58-60-102
Direct supervision: means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation. See Utah Code 58-46a-102
Directing physician: means a physician and surgeon licensed under Section 58-67-301, an osteopathic physician and surgeon licensed under Section 58-68-301, a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or dentist licensed under Section 58-69-301 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by board rule. See Utah Code 58-40a-102
Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
Disorder: means the condition of decreased, absent, or impaired auditory, speech, voice, or language function. See Utah Code 58-41-2
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 26B-7-101
Ear piercing: means the puncturing of the lobe of the ear with piercing equipment to insert stud-and-clasp jewelry according to the directions provided by the piercing equipment's manufacturer. See Utah Code 26B-7-401
Electrical trade: means the performance of any electrical work involved in the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances. See Utah Code 58-55-102
Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Elevator: means the same as that term is defined in Section 34A-7-202, except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an incline platform lift. See Utah Code 58-55-102
Elevator contractor: means a sole proprietor, firm, or corporation licensed under this chapter that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator. See Utah Code 58-55-102
Elevator mechanic: means an individual who is licensed under this chapter as an elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator contractor. See Utah Code 58-55-102
Employee: means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services. See Utah Code 58-55-102
Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
End stage renal disease facility: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501
Engage in a construction trade: means to:
(23)(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a construction trade; or
(23)(b) use the name "contractor" or "builder" or in any other way lead a reasonable person to believe one is or will act as a contractor. See Utah Code 58-55-102
Epidemic: means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. See Utah Code 26B-7-201
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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
Exigent circumstances: means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:
     (5)(a) substantially increases the danger to public safety or health relative to the circumstances in existence when the public health emergency expired;
     (5)(b) poses an imminent danger to public safety or health; and
     (5)(c) was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired. See Utah Code 26B-7-301
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401
FBI Rap Back System: means the same as that term is defined in Section 53-10-108. See Utah Code 58-60-102
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
Financial responsibility: means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare. See Utah Code 58-55-102
First responder: means :
     (6)(a) a law enforcement officer as defined in Section 53-13-103;
     (6)(b) emergency medical service personnel as defined in Section 26B-4-101;
     (6)(c) firefighters; and
     (6)(d) public health personnel having jurisdiction over the location where an individual subject to an order of restriction is found. See Utah Code 26B-7-301
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.
Food: means :
(12)(a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
(12)(b) chewing gum. See Utah Code 26B-7-401
Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food. See Utah Code 26B-7-401
Fraud: Intentional deception resulting in injury to another.
Fund: means the Landscape Architects Education and Enforcement Fund created in Section 58-53-103. See Utah Code 58-53-102
Gas appliance: means any device that uses natural gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning. See Utah Code 58-55-102
General acute hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
General building contractor: means a person licensed under this chapter as a general building contractor qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any of the components of that construction except plumbing, electrical work, mechanical work, work related to the operating integrity of an elevator, and manufactured housing installation, for which the general building contractor shall employ the services of a contractor licensed in the particular specialty, except that a general building contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee. See Utah Code 58-55-102
General electrical contractor: means a person licensed under this chapter as a general electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses electrical energy. See Utah Code 58-55-102
General engineering contractor: means a person licensed under this chapter as a general engineering contractor qualified by education, training, experience, and knowledge to perform or superintend construction of fixed works or components of fixed works requiring specialized engineering knowledge and skill in any of the following:
          (28)(a)(i) irrigation;
          (28)(a)(ii) drainage;
          (28)(a)(iii) water power;
          (28)(a)(iv) water supply;
          (28)(a)(v) flood control;
          (28)(a)(vi) an inland waterway;
          (28)(a)(vii) a harbor;
          (28)(a)(viii) a railroad;
          (28)(a)(ix) a highway;
          (28)(a)(x) a tunnel;
          (28)(a)(xi) an airport;
          (28)(a)(xii) an airport runway;
          (28)(a)(xiii) a sewer;
          (28)(a)(xiv) a bridge;
          (28)(a)(xv) a refinery;
          (28)(a)(xvi) a pipeline;
          (28)(a)(xvii) a chemical plant;
          (28)(a)(xviii) an industrial plant;
          (28)(a)(xix) a pier;
          (28)(a)(xx) a foundation;
          (28)(a)(xxi) a power plant;
          (28)(a)(xxii) a utility plant or installation; or
          (28)(a)(xxiii) an underground electric utility conduit. See Utah Code 58-55-102
General plumbing contractor: means a person licensed under this chapter as a general plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and industrial purposes. See Utah Code 58-55-102
General supervision: means the supervising radiologist is available to provide immediate communication with the supervised person and is aware of the procedure before it is performed. See Utah Code 58-54-102
General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
Group supervision: means an applicant for licensure meeting with the applicant's direct clinical supervisor and at least one of the direct clinical supervisor's other supervised applicants for licensure:
     (12)(a) while the clinical supervisor and the applicants:
          (12)(a)(i) can see and openly communicate with each other; and
          (12)(a)(ii) are present in the same room or via electronic video; and
     (12)(b) for the purpose of developing the applicants' clinical knowledge and skill. See Utah Code 58-60-102
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
Health care facility: means any facility or institution in which health care services are performed or furnished and includes a hospital, clinic, or emergency care center. See Utah Code 58-57-2
Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301
hearing aid: means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories. See Utah Code 58-46a-102
Hearing aid dealer: means one who sells, repairs, and adjusts hearing aids. See Utah Code 58-41-2
Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Homeostasis: means maintaining, stabilizing, or returning to equilibrium the muscular system. See Utah Code 58-47b-102
Hypnosis: means , when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. See Utah Code 58-60-102
Immediate supervision: means reasonable direction, oversight, inspection, and evaluation of the work of a person:
     (30)(a) as the division specifies in rule;
     (30)(b) by, as applicable, a qualified electrician or plumber;
     (30)(c) as part of a planned program of training; and
     (30)(d) to ensure that the end result complies with applicable standards. See Utah Code 58-55-102
Incubation period: means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question. See Utah Code 26B-7-201
Indirect supervision: means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. See Utah Code 58-46a-102
Indirect supervision: means the supervising radiologist:
     (4)(a) has given either written or verbal instructions to the person being supervised;
     (4)(b) is present in the facility in which the person being supervised is providing services; and
     (4)(c) is available to provide immediate face-to-face communications with the person being supervised. See Utah Code 58-54-102
Individual: means a natural person. See Utah Code 58-44a-102
Individual: means a natural person. See Utah Code 58-55-102
Individual: means a natural person. See Utah Code 58-60-102
Individual treatment plan: includes :
          (2)(b)(i) planning and directing specific exercises and programs to improve sensory integration and motor functioning at the level of performance neurologically appropriate for the individual's stage of development;
          (2)(b)(ii) establishing a program of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning;
          (2)(b)(iii) analyzing, selecting, and adapting functional exercises to achieve and maintain the client's optimal functioning in activities of daily living and to prevent further disability; and
          (2)(b)(iv) planning and directing specific programs to evaluate and enhance perceptual, motor, and cognitive skills. See Utah Code 58-42a-102
Infected individual: means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. See Utah Code 26B-7-201
Infection: means the entry and development or multiplication of an infectious agent in the body of man or animals. See Utah Code 26B-7-201
Infectious agent: means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease. See Utah Code 26B-7-201
Infectious disease: means a disease of man or animals resulting from an infection. See Utah Code 26B-7-201
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Isolation: means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others. See Utah Code 26B-7-201
Joint resolution: A legislative measure which requires the approval of both chambers.
Journeyman electrician: means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
Journeyman plumber: means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade. See Utah Code 58-55-102
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
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
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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}
Legislative emergency response committee: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-7-301
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensed audiologist: means any individual to whom a license has been issued under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
licensed contractor: means a person licensed under this chapter. See Utah Code 58-55-701
Licensed speech-language pathologist: means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
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
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 food: means the same as that term is defined in Section 4-1-109. See Utah Code 26B-7-201
Local food: means the same as that term is defined in Section 4-1-109. See Utah Code 26B-7-301
Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
Man: means an adult human male. See Utah Code 68-3-12.5
Manufacturer sealed electronic cigarette product: means :
(11)(a) an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or
(11)(b) a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Massage apprentice: means an individual licensed under this chapter as a massage apprentice. See Utah Code 58-47b-102
Massage assistant: means an individual licensed under this chapter as a massage assistant. See Utah Code 58-47b-102
Massage assistant in-training: means an individual licensed under this chapter as a massage assistant in-training. See Utah Code 58-47b-102
Massage therapist: means an individual licensed under this chapter as a massage therapist. See Utah Code 58-47b-102
Massage therapy supervisor: means :
     (8)(a) a massage therapist who has at least three years of experience as a massage therapist and has engaged in the lawful practice of massage therapy for at least 3,000 hours;
     (8)(b) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
     (8)(c) a physician licensed under Chapter 67, Utah Medical Practice Act;
     (8)(d) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical Practice Act;
     (8)(e) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
     (8)(f) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act. See Utah Code 58-47b-102
Master electrician: means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
Master plumber: means a person licensed under this chapter as a master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade. See Utah Code 58-55-102
Maternal and child health services: means :
     (2)(a) the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward reducing infant mortality and improving the health of mothers and children provided, however, that nothing in this Subsection (2) shall be construed to allow any agency of the state to interfere with the rights of the parent of an unmarried minor in decisions about the providing of health information or services;
     (2)(b) the development, strengthening, and improvement of standards and techniques relating to the services and care;
     (2)(c) the training of personnel engaged in the provision, development, strengthening, or improvement of the services and care; and
     (2)(d) necessary administrative services connected with Subsections (2)(a), (b), and (c). See Utah Code 26B-7-101
Mental health therapist: means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as:
     (15)(a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
     (15)(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
     (15)(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;
     (15)(d) a psychologist qualified to engage in the practice of mental health therapy;
     (15)(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;
     (15)(f) a physician assistant specializing in mental health care under Section Utah Code 58-60-102
Mental illness: means a mental or emotional condition defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (15). See Utah Code 58-60-102
Microblading: means a procedure where a hand tool with a blade formed of tiny needles implants permanent or semi-permanent pigment, resembling hair, into the skin of the eyebrow area with fine and short strokes. See Utah Code 26B-7-401
Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401
Microenterprise home kitchen permit: means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen. See Utah Code 26B-7-401
Minor: means a person under 18 years old. See Utah Code 26B-7-101
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.
Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Non-tobacco shisha: means any product that:
(14)(a) does not contain tobacco or nicotine; and
(14)(b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
Occupational therapy aide: means a person who is not licensed under this chapter but who provides supportive services under the supervision of an occupational therapist or occupational therapy assistant. See Utah Code 58-42a-102
Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102
Order of constraint: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-7-201
Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301
Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
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 consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual's professional capacity. See Utah Code 58-60-102
Permanent cosmetics: includes permanent makeup, micropigmentation, micropigment implantation, microblading, dermagraphics, or cosmetic tattooing. See Utah Code 26B-7-401
Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
Person: means any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter. See Utah Code 58-41-2
Person: means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type. See Utah Code 58-55-102
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
Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102
Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:
     (17)(a) buildings, offices, shops, elevators, or restrooms;
     (17)(b) means of transportation or common carrier waiting rooms;
     (17)(c) restaurants, cafes, or cafeterias;
     (17)(d) taverns as defined in Section 32B-1-102, or cabarets;
     (17)(e) shopping malls, retail stores, grocery stores, or arcades;
     (17)(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
     (17)(g) barber shops, hair salons, or laundromats;
     (17)(h) sports or fitness facilities;
     (17)(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
     (17)(j)
          (17)(j)(i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and
          (17)(j)(ii) any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
     (17)(k) public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
     (17)(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families;
     (17)(m) any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
     (17)(n) any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
     (17)(o) any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and
     (17)(p) a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501
Plumbing trade: includes work pertaining to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, together with their devices, appurtenances, and connections where installed within the outside walls of the building. See Utah Code 58-55-102
Practice as a certified nurse midwife: means :
     (9)(a) practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee;
     (9)(b) practice of nursing within the generally recognized scope and standards of nurse midwifery as defined by rule and consistent with professionally recognized preparations and educational standards of a certified nurse midwife by a person licensed under this chapter, which practice includes:
          (9)(b)(i) having a safe mechanism for obtaining medical consultation, collaboration, and referral with one or more consulting physicians who have agreed to consult, collaborate, and receive referrals, but who are not required to sign a written document regarding the agreement;
          (9)(b)(ii) providing a patient with information regarding other health care providers and health care services and referral to other health care providers and health care services when requested or when care is not within the scope of practice of a certified nurse midwife; and
          (9)(b)(iii) maintaining written documentation of the parameters of service for independent and collaborative midwifery management and transfer of care when needed; and
     (9)(c) the authority to:
          (9)(c)(i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient;
          (9)(c)(ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate;
          (9)(c)(iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of:
               (9)(c)(iii)(A) prescription drugs;
               (9)(c)(iii)(B) schedule IV-V controlled substances; and
               (9)(c)(iii)(C) schedule II-III controlled substances in accordance with a consultation and referral plan;
          (9)(c)(iv) evaluate the results of patient care;
          (9)(c)(v) consult as is appropriate regarding patient care and the results of patient care;
          (9)(c)(vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia;
          (9)(c)(vii) manage the postpartum period;
          (9)(c)(viii) provide gynecological services;
          (9)(c)(ix) provide noncomplicated newborn and infant care to the age of one year; and
          (9)(c)(x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-102
Practice of a hearing instrument specialist: means :
     (5)(a) establishing a place of business to practice as a hearing instrument specialist;
     (5)(b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;
     (5)(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;
     (5)(d) prescribing an appropriate hearing instrument;
     (5)(e) making impressions or earmolds for the fitting of a hearing instrument;
     (5)(f) sale and professional placement of the hearing instrument on a patient;
     (5)(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;
     (5)(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or
     (5)(i) instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102
practice of athletic training: means the application by a licensed and certified athletic trainer of principles and methods of:
     (7)(a) prevention of athletic injuries;
     (7)(b) recognition, evaluation, and assessment of athletic injuries and conditions;
     (7)(c) immediate care of athletic injuries, including common emergency medical situations;
     (7)(d) rehabilitation and reconditioning of athletic injuries;
     (7)(e) athletic training services administration and organization; and
     (7)(f) education of athletes. See Utah Code 58-40a-102
Practice of certified social work: includes :
     (3)(a) the supervised practice of mental health therapy by a clinical social worker by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive behavior;
     (3)(b) the supervised or independent and unsupervised application of generally recognized professional social work principles and practices requiring the education, training, and experience of a certified social worker; and
     (3)(c) supervision of the practice of a social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202
Practice of clinical social work: includes :
     (2)(a) the practice of mental health therapy by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior;
     (2)(b) the application of generally recognized psychotherapeutic and social work principles and practices requiring the education, training, and clinical experience of a clinical social worker; and
     (2)(c) supervision of the practice of a certified social worker or social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202
Practice of landscape architecture: means rendering or offering to render any of the following services:
     (3)(a) production of a site plan which may include the design of any of the following:
          (3)(a)(i) sprinkler irrigation systems;
          (3)(a)(ii) landscape grading and drainage plans; or
          (3)(a)(iii) parking lots;
     (3)(b) design of any of the following structures incidental to the production of a site plan:
          (3)(b)(i) retaining walls; or
          (3)(b)(ii) raised platforms, decks, and walkways;
     (3)(c) design of any of the following structures incidental to the production of a site plan when the structure does not exceed 1,000 square feet:
          (3)(c)(i) covered pavilions;
          (3)(c)(ii) gazebos;
          (3)(c)(iii) restrooms;
          (3)(c)(iv) storage and maintenance facilities; or
          (3)(c)(v) other accessory structures; or
     (3)(d) collaboration with architects and professional engineers in the design of roads, bridges, buildings, and structures with respect to the functional and aesthetic requirements of the area in which they are to be placed. See Utah Code 58-53-102
Practice of limited massage therapy: means :
          (9)(a)(i) the systematic manual manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, relaxation, or achieving homeostasis;
          (9)(a)(ii) seated chair massage;
          (9)(a)(iii) the use of body wraps;
          (9)(a)(iv) aromatherapy;
          (9)(a)(v) reflexology; or
          (9)(a)(vi) in connection with an activity described in this Subsection (9), the use of:
               (9)(a)(vi)(A) the hands;
               (9)(a)(vi)(B) a towel;
               (9)(a)(vi)(C) a stone;
               (9)(a)(vi)(D) a shell;
               (9)(a)(vi)(E) a bamboo stick; or
               (9)(a)(vi)(F) an herbal ball compress. See Utah Code 58-47b-102
Practice of massage therapy: means :
     (10)(a) the examination, assessment, and evaluation of the soft tissue structures of the body for the purpose of devising a treatment plan to promote homeostasis;
     (10)(b) the systematic manual or mechanical manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, or achieving homeostasis, or for any other purpose;
     (10)(c) the use of the hands or a mechanical or electrical apparatus in connection with this Subsection (10);
     (10)(d) the use of rehabilitative procedures involving the soft tissue of the body;
     (10)(e) range of motion or movements without spinal adjustment as set forth in Section 58-73-102;
     (10)(f) the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths;
     (10)(g) manual traction and stretching exercise;
     (10)(h) correction of muscular distortion by treatment of the soft tissues of the body;
     (10)(i) counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain;
     (10)(j) activities and modality techniques similar or related to the activities and techniques described in this Subsection (10);
     (10)(k) a practice described in this Subsection (10) on an animal to the extent permitted by:
          (10)(k)(i) Subsection 58-28-307(12);
          (10)(k)(ii) the provisions of this chapter; and
          (10)(k)(iii) division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
     (10)(l) providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact. See Utah Code 58-47b-102
Practice of mental health therapy: means treatment or prevention of mental illness, whether in person or remotely, including:
     (17)(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (15);
     (17)(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (15);
     (17)(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and
     (17)(d) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (15). See Utah Code 58-60-102
Practice of occupational therapy: includes :
          (6)(b)(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual;
          (6)(b)(ii) modifying or adapting an activity or environment to enhance an individual's performance;
          (6)(b)(iii) maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities;
          (6)(b)(iv) promoting health and wellness to develop or improve an individual's performance in everyday life activities;
          (6)(b)(v) performance-barrier prevention for an individual, including disability prevention;
          (6)(b)(vi) evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including:
               (6)(b)(vi)(A) body functions and structures;
               (6)(b)(vi)(B) habits, routines, roles, and behavioral patterns;
               (6)(b)(vi)(C) cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and
               (6)(b)(vi)(D) motor, process, communication, interaction, and other performance skills;
          (6)(b)(vii) providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including:
               (6)(b)(vii)(A) the therapeutic use of occupations and exercises;
               (6)(b)(vii)(B) training in self-care, self-management, home-management, and community and work reintegration;
               (6)(b)(vii)(C) the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions;
               (6)(b)(vii)(D) the education and training of an individual's family members and caregivers;
               (6)(b)(vii)(E) care coordination, case management, and transition services;
               (6)(b)(vii)(F) providing consulting services to groups, programs, organizations, or communities,
               (6)(b)(vii)(G) modifying the environment and adapting processes, including the application of ergonomic principles;
               (6)(b)(vii)(H) assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices;
               (6)(b)(vii)(I) assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management;
               (6)(b)(vii)(J) driver rehabilitation and community mobility;
               (6)(b)(vii)(K) enhancing eating and feeding performance; and
               (6)(b)(vii)(L) applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102
Practice of radiologic technology: means using radiation from a radioactive substance, radiology equipment, or any other source, in amounts beyond normal background levels, for diagnostic or therapeutic purposes on humans. See Utah Code 58-54-102
Practice of speech-language pathology: means rendering, prescribing, or offering to render to individuals, groups, agencies, organizations, industries or the public any service in speech-language pathology. See Utah Code 58-41-2
Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratory care in the course of professional practice. See Utah Code 58-57-2
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.
Prescription: means a written or oral order for the delivery or execution of that which has been prescribed. See Utah Code 58-41-2
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 landscape architect having responsible charge of a landscape architectural practice. See Utah Code 58-53-102
Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2
Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Proof of age: means :
          (18)(a)(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
          (18)(a)(ii) a valid identification that:
               (18)(a)(ii)(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
               (18)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
               (18)(a)(ii)(C) includes date of birth; and
               (18)(a)(ii)(D) has a picture affixed;
          (18)(a)(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
          (18)(a)(iv) a valid United States military identification card that:
               (18)(a)(iv)(A) includes date of birth; and
               (18)(a)(iv)(B) has a picture affixed; or
          (18)(a)(v) a valid passport. See Utah Code 26B-7-501
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.
Public health emergency: includes an illness or health condition resulting from a natural disaster. See Utah Code 26B-7-301
Public health official: means :
(13)(a) the executive director or the executive director's authorized representative; or
(13)(b) the executive director of a local health department or the executive director's authorized representative. See Utah Code 26B-7-301
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501
Quarantine: means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission. See Utah Code 26B-7-201
Quorum: The number of legislators that must be present to do business.
Radiologic technologist: means a person licensed under this chapter to engage in the practice of radiologic technology under the general supervision of a radiologist or radiology practitioner including the administration of parenteral contrast media, radionuclides, and other medications incidental to radiology procedures provided the administrations are under the direct supervision of a qualified physician and the technologist is currently certified in cardiopulmonary resuscitation (CPR) and appropriate patient care procedures. See Utah Code 58-54-102
Radiologist: means a physician certified by the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons. See Utah Code 58-54-102
Radiologist assistant: means a person licensed under this chapter to engage in the practice of a radiologist assistant. See Utah Code 58-54-102
Radiology equipment: means any medical radiation device that emits ionizing or nonionizing radiation or detects that radiation for the purpose or intended purpose of:
(10)(a) diagnosing disease or other medical conditions in humans; or
(10)(b) treating, curing, mitigating, or preventing disease in humans. See Utah Code 58-54-102
Radiology practical technician: means a person licensed under this chapter to engage in a practice of radiologic technology performing limited diagnostic radiology procedures:
(11)(a) as defined and permitted by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(11)(b) under the supervision of a radiologist or radiology practitioner. See Utah Code 58-54-102
Radiology practitioner: means any person or individual licensed in this state as a physician and surgeon, osteopathic physician, podiatric physician, chiropractic physician, dentist, dental hygienist, or a physician's assistant, nurse practitioner, or nurse specialist practicing under the supervision of an approved supervising physician and in accordance with an approved protocol and utilization plan. See Utah Code 58-54-102
Ratio of apprentices: means the number of licensed plumber apprentices or licensed electrician apprentices that are allowed to be under the immediate supervision of a licensed supervisor as established by the provisions of this chapter and by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-55-102
Ready-to-eat: means :
     (18)(a) raw animal food that is cooked;
     (18)(b) raw fruits and vegetables that are washed;
     (18)(c) fruits and vegetables that are cooked for hot holding;
     (18)(d) a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
     (18)(e) a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401
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
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.
Remotely: means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. See Utah Code 58-60-102
Residential and small commercial contractor: means a person licensed under this chapter as a residential and small commercial contractor qualified by education, training, experience, and knowledge to perform or superintend the construction of single-family residences, multifamily residences up to four units, and commercial construction of not more than three stories above ground and not more than 20,000 square feet, or any of the components of that construction except plumbing, electrical work, mechanical work, and manufactured housing installation, for which the residential and small commercial contractor shall employ the services of a contractor licensed in the particular specialty, except that a residential and small commercial contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee. See Utah Code 58-55-102
Residential electrical contractor: means a person licensed under this chapter as a residential electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and fixtures in a residential unit. See Utah Code 58-55-102
Residential journeyman electrician: means a person licensed under this chapter as a residential journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes on buildings using primarily nonmetallic sheath cable. See Utah Code 58-55-102
Residential journeyman plumber: means a person licensed under this chapter as a residential journeyman plumber having the qualifications, training, experience, and knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102
Residential master electrician: means a person licensed under this chapter as a residential master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes on residential projects. See Utah Code 58-55-102
Residential master plumber: means a person licensed under this chapter as a residential master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102
Residential plumbing contractor: means a person licensed under this chapter as a residential plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in residential buildings by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and residential purposes. See Utah Code 58-55-102
Respiratory care practitioner: means any person licensed to practice respiratory care under this chapter. See Utah Code 58-57-2
Respiratory related durable medical equipment: means :
     (6)(a) medical grade oxygen;
     (6)(b) equipment and supplies related to medical gases;
     (6)(c) apnea monitors;
     (6)(d) oximeters;
     (6)(e) noninvasive positive pressure generators, except those with back-up respiratory rate or when used invasively;
     (6)(f) bilirubin lights;
     (6)(g) suctioning equipment;
     (6)(h) large volume nebulizers with compressors, except when used invasively in conjunction with an artificial airway;
     (6)(i) medication nebulizers;
     (6)(j) enteral nutrition equipment; and
     (6)(k) other respiratory related equipment intended for use in the home as defined by the division by rule. See Utah Code 58-57-2
Responsible management personnel: means :
     (48)(a) a qualifying agent;
     (48)(b) an operations manager; or
     (48)(c) a site manager. See Utah Code 58-55-102
Retail tobacco specialty business: means the same as that term is defined:
(20)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Scarification: means the process in which a mark is cut into human skin tissue with the intent of leaving a permanent mark. See Utah Code 26B-7-401
School: means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, Head Start program, kindergarten, elementary, or secondary school through grade 12. See Utah Code 26B-7-201
Sensitive alarm system information: means :
     (49)(a) a pass code or other code used in the operation of an alarm system;
     (49)(b) information on the location of alarm system components at the premises of a customer of the alarm business providing the alarm system;
     (49)(c) information that would allow the circumvention, bypass, deactivation, or other compromise of an alarm system of a customer of the alarm business providing the alarm system; and
     (49)(d) any other similar information that the division by rule determines to be information that an individual employed by an alarm business should use or have access to only if the individual is licensed as provided in this chapter. See Utah Code 58-55-102
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
Sexually transmitted disease: means those diseases transmitted through sexual intercourse or any other sexual contact. See Utah Code 26B-7-201
Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
Shisha: means any product that:
(21)(a) contains tobacco or nicotine; and
(21)(b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Smoking: means :
     (22)(a) the possession of any lighted or heated tobacco product in any form;
     (22)(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:
          (22)(b)(i) tobacco or any plant product intended for inhalation;
          (22)(b)(ii) shisha or non-tobacco shisha;
          (22)(b)(iii) nicotine;
          (22)(b)(iv) a natural or synthetic tobacco substitute; or
          (22)(b)(v) a natural or synthetic flavored tobacco product;
     (22)(c) using an electronic cigarette; or
     (22)(d) using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501
Soft tissue: means the muscles and related connective tissue. See Utah Code 58-47b-102
Specialty contractor: means a person licensed under this chapter under a specialty contractor classification established by rule, who is qualified by education, training, experience, and knowledge to perform those construction trades and crafts requiring specialized skill, the regulation of which are determined by the division to be in the best interest of the public health, safety, and welfare. See Utah Code 58-55-102
Specialty hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
Speech-language pathologist: means :
(18)(a) a person who practices speech-language pathology or who holds himself out to the public by any means, or by any service or function the person performs, directly or indirectly, or by using the terms "speech-language pathologist" "speech-language therapist" "language disability specialist" or any variation, derivation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions; or
(18)(b) a person who performs any of the functions described in Subsection (19) or any related functions. See Utah Code 58-41-2
Speech-language pathology: means the application of principles, methods, and procedures for the examination, measurement, prevention, testing, identification, evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals. See Utah Code 58-41-2
Speech-language pathology aide: means an individual who:
(20)(a) meets the minimum qualifications established by the board for speech-language pathology aides. See Utah Code 58-41-2
Statute: A law passed by a legislature.
Stay-at-home order: means an order of constraint that:
(15)(a) restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and
(15)(b) may include exceptions for certain essential tasks. See Utah Code 26B-7-301
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Supervising hearing instrument specialist: means a hearing instrument specialist who:
     (6)(a) is licensed by and in good standing with the division;
     (6)(b) has practiced full-time as a hearing instrument specialist for not less than two years; and
     (6)(c) is approved as a supervisor by the division. See Utah Code 58-46a-102
Tax commission license: means a license issued by the State Tax Commission under:
     (23)(a) Section 59-14-201 to sell a cigarette at retail;
     (23)(b) Section 59-14-301 to sell a tobacco product at retail; or
     (23)(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Threat to public health: means a situation where a dangerous public health condition could spread to other individuals. See Utah Code 26B-7-301
Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401
Tobacco product: means :
(24)(a) a tobacco product as defined in Section 76-10-101; or
(24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Treatment: means the services of a speech-language pathologist or audiologist to examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior, or their effects. See Utah Code 58-41-2
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Unincorporated entity: means an entity that is not:
     (51)(a) an individual;
     (51)(b) a corporation; or
     (51)(c) publicly traded. See Utah Code 58-55-102
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: means the same as that term is defined in Sections 58-1-501 and 58-47b-501. See Utah Code 58-47b-102
Unlawful conduct: is a s defined in Sections 58-1-501 and 58-53-501. See Utah Code 58-53-102
Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-501. See Utah Code 58-55-102
Unlawful conduct: is a s defined in Sections 58-1-501 and 58-60-109. See Utah Code 58-60-102
Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-47b-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 58-47b-102
Unprofessional conduct: is a s defined in Section 58-1-501 and as may be further defined by rule of the division in collaboration with the board. See Utah Code 58-53-102
Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-502 and as may be further defined by rule. See Utah Code 58-55-102
Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-60-110, and may be further defined by division rule. See Utah Code 58-60-102
Venue: The geographical location in which a case is tried.
Wages: means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount. See Utah Code 58-55-102
Woman: means an adult human female. See Utah Code 68-3-12.5