Terms Used In Utah Code > Title 16 > Chapter 10a > Part 9 - Indemnification

• Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
• Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistant education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
• ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
• ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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 treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-102(2)(j). See Utah Code 26B-5-301
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: include :
       (4)(a) amended and restated articles of incorporation;
       (4)(b) articles of merger; and
       (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
• Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
• Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
• Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
• Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
• Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
• Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
• Bequest: Property gifted by will.
• Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child: means a person under 18 years old. See Utah Code 26B-5-401
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Utah Behavioral Health Commission created in Section 26B-5-702. See Utah Code 26B-5-701
• Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Criminal risk factors: means a person's characteristics and behaviors that:
       (1)(a) affect the person's risk of engaging in criminal behavior; and
       (1)(b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means calendar day. See Utah Code 57-26-102
• 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
• Designated examiner: means :
       (8)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or
       (8)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of mental illness. See Utah Code 26B-5-301
• Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
• Devise: To gift property by will.
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
• Disaster relief organization: means an entity that:
       (1)(a) provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners;
       (1)(b) is designated or recognized as a provider of the services described in Subsection (1)(a) under a disaster response and recovery plan adopted by:

            (1)(b)(i) an agency of the federal government;

            (1)(b)(ii) the department; or

            (1)(b)(iii) a local health department; and
       (1)(c) regularly plans and conducts its activities in coordination with:

            (1)(c)(i) an agency of the federal government;

            (1)(c)(ii) the department; or

            (1)(c)(iii) a local health department. See Utah Code 26B-4-801
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
• Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
• domestic corporation: means a corporation for profit that:
       (11)(a) is not a foreign corporation; and
       (11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102
• Donor: The person who makes a gift.
• Emergency: means :
       (2)(a) a state of emergency declared by:

            (2)(a)(i) the president of the United States;

            (2)(a)(ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and

            (2)(a)(iii) the chief executive officer of a political subdivision in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or
       (2)(b) a public health emergency declared by:

            (2)(b)(i) the executive director through a public health order in accordance with this title; or

            (2)(b)(ii) a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801
• Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
• Entity: includes :
       (19)(a) a domestic and foreign corporation;
       (19)(b) a nonprofit corporation;
       (19)(c) a limited liability company;
       (19)(d) a profit or nonprofit unincorporated association;
       (19)(e) a business trust;
       (19)(f) an estate;
       (19)(g) a partnership;
       (19)(h) a trust;
       (19)(i) two or more persons having a joint or common economic interest;
       (19)(j) a state;
       (19)(k) the United States; and
       (19)(l) a foreign government. See Utah Code 16-10a-102
• Entity: means a person other than an individual. See Utah Code 26B-4-801
• Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
• Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
       (5)(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code;
       (5)(b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
       (5)(c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 57-25-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Essential treatment examiner: means :
       (2)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or
       (2)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501
• 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
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
       (11)(a) sexual intercourse;
       (11)(b) penetration, however slight, of the genital or anal opening of the individual;
       (11)(c) any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or
       (11)(d) any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301
• Health care professionals in training: means medical students and residents, advanced practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students. See Utah Code 26B-4-701
• Health facility: means an entity licensed under the laws of this or another state to provide health or veterinary services. See Utah Code 26B-4-801
• Health practitioner: means an individual licensed under Utah law or another state to provide health or veterinary services. See Utah Code 26B-4-801
• Health services: means the provision of treatment, care, advice, guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
       (7)(a) the following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

            (7)(a)(i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or

            (7)(a)(ii) counseling, assessment, procedures, or other services;
       (7)(b) selling or dispensing a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
       (7)(c) funeral, cremation, cemetery, or other mortuary services. See Utah Code 26B-4-801
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Holder: means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). See Utah Code 57-25-102
• Hospital: means a general acute hospital, as defined in Section 26B-2-201. See Utah Code 26B-4-701
• Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual: means :
       (22)(a) a natural person;
       (22)(b) the estate of an incompetent individual; or
       (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
• Informed waiver: means the patient was informed of a right and, after being informed of that right and the patient's right to waive the right, expressly communicated his or her intention to waive that right. See Utah Code 26B-5-301
• Institution: means a hospital or a health facility licensed under Section 26B-2-206. See Utah Code 26B-5-301
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal custody: means :
       (3)(a) the right to determine where and with whom the child shall live;
       (3)(b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and
       (3)(c) the right to authorize surgery or other extraordinary medical care. See Utah Code 26B-5-401
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes authorization under this title to an individual to provide health or veterinary services based upon a national or state certification issued by a public or private entity. See Utah Code 26B-4-801
• Licensee: means an individual licensed to practice:
       (2)(a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
       (2)(b) under Title 58, Chapter 17b, Pharmacy Practice Act;
       (2)(c) under Title 58, Chapter 28, Veterinary Practice Act;
       (2)(d) under Title 58, Chapter 31b, Nurse Practice Act;
       (2)(e) mental health therapy under Title 58, Chapter 60, Mental Health Professional Practice Act;
       (2)(f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act;
       (2)(g) under Title 58, Chapter 67, Utah Medical Practice Act;
       (2)(h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
       (2)(i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
       (2)(j) under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• 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 emergency: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-4-801
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-4-801
• Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
• Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
• Local substance abuse authority: means a county legislative body designated to provide substance abuse services in accordance with Section 17-43-201. See Utah Code 26B-5-201
• Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301
• Master plan: means the Utah Behavioral Health Assessment and Master Plan. See Utah Code 26B-5-701
• MCOT: means a mobile team of medical and mental health professionals that, in coordination with local law enforcement and emergency medical service personnel, provides mental health crisis services. See Utah Code 26B-5-101
• Mental disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
• Mental health crisis: means :
       (6)(a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:

            (6)(a)(i) serious danger to the individual's health or well-being; or

            (6)(a)(ii) a danger to the health or well-being of others; or
       (6)(b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101
• Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
       (8)(a) direct mental health services;
       (8)(b) on-site intervention provided by a mobile crisis outreach team;
       (8)(c) the provision of safety and care plans;
       (8)(d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;
       (8)(e) referrals to other community resources;
       (8)(f) local mental health crisis lines; and
       (8)(g) the statewide mental health crisis line. See Utah Code 26B-5-101
• Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
• Mental health officer: means an individual who is designated by a local mental health authority as qualified by training and experience in the recognition and identification of mental illness, to:
       (17)(a) apply for and provide certification for a temporary commitment; or
       (17)(b) assist in the arrangement of transportation to a designated mental health facility. See Utah Code 26B-5-301
• Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-101
• Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-601
• Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
• Mental illness: means :
       (18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
       (18)(b) the same as that term is defined in:

            (18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or

            (18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
• Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 26B-5-601
• Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-5-201
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
• Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an individual who is:
       (20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or
       (20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Physical custody: means :
       (4)(a) placement of a child in any residential or inpatient setting;
       (4)(b) the right to physical custody of a child;
       (4)(c) the right and duty to protect the child; and
       (4)(d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401
• Physician: means a person:
       (6)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
       (6)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-4-701
• Physician: means an individual who is:
       (21)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
       (21)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes :
       (26)(a) a civil suit;
       (26)(b) arbitration or mediation; and
       (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
• Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Utah Code 57-26-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
• Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychiatrist: means an individual who:
       (8)(a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
       (8)(b) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists. See Utah Code 26B-5-601
• Public funds: include federal and state money that has been transferred by a local substance abuse authority or a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority. See Utah Code 26B-5-101
• Public health emergency: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-4-801
• Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:
       (27)(a) that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or
       (27)(b) the voting of which is controlled, by:

            (27)(b)(i) a director who has a conflicting interest respecting the transaction;

            (27)(b)(ii) a related person of that director; or

            (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
• Quorum: The number of legislators that must be present to do business.
• 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
• Relative: means an adult who is a spouse, parent, stepparent, grandparent, child, or sibling of an individual. See Utah Code 26B-5-501
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rents: means :
       (12)(a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
       (12)(b) sums payable to an assignor under a policy of rental interruption insurance covering real property;
       (12)(c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
       (12)(d) sums payable to terminate an agreement to possess or occupy real property of another person;
       (12)(e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or
       (12)(f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102
• Residential: means any out-of-home placement made by a local mental health authority, but does not include out-of-home respite care. See Utah Code 26B-5-401
• Respite care: means temporary, periodic relief provided to parents or guardians from the daily care of children with serious emotional disorders for the limited time periods designated by the division. See Utah Code 26B-5-401
• Rural county: means a county of the third, fourth, fifth, or sixth class under Section 17-50-501. See Utah Code 26B-4-701
• Rural hospital: means a hospital located within a rural county. See Utah Code 26B-4-701
• Scope of practice: means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Utah Code 26B-4-801
• Secured obligation: means an obligation the performance of which is secured by an assignment of rents. See Utah Code 57-26-102
• Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. See Utah Code 57-26-102
• Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Utah Code 57-26-102
• Serious bodily injury: means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 26B-5-301
• Serious harm: means the individual, due to substance use disorder, is at serious risk of:
       (4)(a) drug overdose;
       (4)(b) suicide;
       (4)(c) serious bodily self-injury;
       (4)(d) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter; or
       (4)(e) causing or attempting to cause serious bodily injury to another individual. See Utah Code 26B-5-501
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Stabilization services: means in-home services provided to a child with, or who is at risk for, complex emotional and behavioral needs, including teaching the child's parent or guardian skills to improve family functioning. See Utah Code 26B-5-101
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 57-26-102
• State: means :
       (14)(a) a state of the United States;
       (14)(b) the District of Columbia;
       (14)(c) Puerto Rico;
       (14)(d) the United States Virgin Islands; or
       (14)(e) any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-4-801
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
• Statewide mental health crisis line: means the same as that term is defined in Section 26B-5-610. See Utah Code 26B-5-101
• Statute: A law passed by a legislature.
• Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102
• Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
• Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
• Substantial danger: means that due to mental illness, an individual is at serious risk of:
       (24)(a) suicide;
       (24)(b) serious bodily self-injury;
       (24)(c) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter;
       (24)(d) causing or attempting to cause serious bodily injury to another individual;
       (24)(e) engaging in harmful sexual conduct; or
       (24)(f) if not treated, suffering severe and abnormal mental, emotional, or physical distress that:

            (24)(f)(i) is associated with significant impairment of judgment, reason, or behavior; and

            (24)(f)(ii) causes a substantial deterioration of the individual's previous ability to function independently. See Utah Code 26B-5-301
• Targeted case management: means a service that assists Medicaid recipients in a target group to gain access to needed medical, social, educational, and other services. See Utah Code 26B-5-101
• Teen substance use school: means any school established by the local substance abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an educational, interpersonal, skill-building experience for juvenile substance abuse offenders and their parents or legal guardians. See Utah Code 26B-5-201
• Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Utah Code 57-26-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• UMEC: means the Utah Medical Education Council created in Section 26B-4-706. See Utah Code 26B-4-701
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Volunteer health practitioner: means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. See Utah Code 26B-4-801
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5