Terms Used In Utah Code > Title 16 > Chapter 10a > Part 10 - Amendment of Articles of Incorporation and Bylaws

• Abandonment: means any knowing or intentional action or failure to act, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care. See Utah Code 26B-6-201
• Abuse: means :
       (2)(a) knowingly or intentionally:

            (2)(a)(i) attempting to cause harm;

            (2)(a)(ii) causing harm; or

            (2)(a)(iii) placing another in fear of harm;
       (2)(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;
       (2)(c) emotional or psychological abuse;
       (2)(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or
       (2)(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:

            (2)(e)(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or

            (2)(e)(ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
            (1)(a)(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
            (1)(a)(ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
• Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
• Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
• Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
• 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.
• aged: means a person 60 years old or older. See Utah Code 26B-6-101
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
• 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
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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
• Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
• Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
       (4)(a) operate within a planning and service area of the state; and
       (4)(b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101
• Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
       (5)(a) operate within a planning and service area of the state; and
       (5)(b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: include :
       (4)(a) amended and restated articles of incorporation;
       (4)(b) articles of merger; and
       (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiologist: means a person 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
• Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Biological sex at birth: means an individual's sex, as being male or female,

  according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101

• 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 Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
• Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
• 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
• Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
• Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401
• 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
• Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
• Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
• Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
• 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
• Certified nurse midwife: means an individual who:
       (3)(a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and
       (3)(b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clandestine laboratory operation: means the:
            (1)(b)(i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;
            (1)(b)(ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;
            (1)(b)(iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;
            (1)(b)(iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;
            (1)(b)(v) illegal manufacture of specified controlled substances; or
            (1)(b)(vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2
• committee: means the Utah Substance Use and Mental Health Advisory Committee created in this section. See Utah Code 26B-5-801
• 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
• Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
• Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
• 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.
• Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2
• Contract: A legal written agreement that becomes binding when signed.
• Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
• Controlled substance: means a drug or substance:
                 (1)(f)(i)(A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
                 (1)(f)(i)(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2
• Controlled substance analog: means :
                 (1)(g)(i)(A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section Utah Code 58-37-2
• Controlled substance precursor: includes a chemical reagent and means any of the following:
       (1)(a) Phenyl-2-propanone;
       (1)(b) Methylamine;
       (1)(c) Ethylamine;
       (1)(d) D-lysergic acid;
       (1)(e) Ergotamine and its salts;
       (1)(f) Diethyl malonate;
       (1)(g) Malonic acid;
       (1)(h) Ethyl malonate;
       (1)(i) Barbituric acid;
       (1)(j) Piperidine and its salts;
       (1)(k) N-acetylanthranilic acid and its salts;
       (1)(l) Pyrrolidine;
       (1)(m) Phenylacetic acid and its salts;
       (1)(n) Anthranilic acid and its salts;
       (1)(o) Morpholine;
       (1)(p) Ephedrine;
       (1)(q) Pseudoephedrine;
       (1)(r) Norpseudoephedrine;
       (1)(s) Phenylpropanolamine;
       (1)(t) Benzyl cyanide;
       (1)(u) Ergonovine and its salts;
       (1)(v) 3,4-Methylenedioxyphenyl-2-propanone;
       (1)(w) propionic anhydride;
       (1)(x) Insosafrole;
       (1)(y) Safrole;
       (1)(z) Piperonal;
       (1)(aa) N-Methylephedrine;
       (1)(bb) N-ethylephedrine;
       (1)(cc) N-methylpseudoephedrine;
       (1)(dd) N-ethylpseudoephedrine;
       (1)(ee) Hydriotic acid;
       (1)(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
       (1)(gg) 1,4 butanediol;
       (1)(hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
       (1)(ii) Crystal iodine;
       (1)(jj) Iodine at concentrations greater than 1. See Utah Code 58-37c-3
• Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
                 (1)(h)(i)(A) Chapter 37, Utah Controlled Substances Act;
                 (1)(h)(i)(B) Chapter 37a, Utah Drug Paraphernalia Act;
                 (1)(h)(i)(C) Chapter 37b, Imitation Controlled Substances Act;
                 (1)(h)(i)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
                 (1)(h)(i)(E) Chapter 37d, Clandestine Drug Lab Act; or