Utah Code 75A-3-101. Definitions for chapter

As used in this chapter:

(1) “Adult” means an individual who is:

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Terms Used In Utah Code 75A-3-101

Adult: means an individual who is:
(1)(a) at least 18 years old; or
(1)(b) an emancipated minor. See Utah Code 75A-3-101
Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75A-3-101
Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
     (5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;
     (5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;
     (5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;
     (5)(d) the effect of the treatment on the life expectancy of the individual;
     (5)(e) the prognosis of the individual for recovery with and without the treatment;
     (5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
     (5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75A-3-101
Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75A-3-101
Default surrogate: means the adult who may make decisions for an individual when either:
(9)(a) an agent or guardian has not been appointed; or
(9)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75A-3-101
Emergency medical services provider: means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act. See Utah Code 75A-3-101
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: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75A-3-101
Health care facility: means :
(17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
(17)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75A-3-101
Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75A-3-101
Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 75A-3-101
Minor: means an individual who:
(22)(a) is under 18 years old; and
(22)(b) is not an emancipated minor. See Utah Code 75A-3-101
Order for life sustaining treatment: means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 75-3-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. See Utah Code 75A-3-101
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
Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75A-3-101
Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75A-3-101
Surrogate: means a health care decision maker who is:
     (31)(a) an appointed agent;
     (31)(b) a default surrogate under the provisions of Section 75A-3-203; or
     (31)(c) a guardian. See Utah Code 75A-3-101

(1)(a) at least 18 years old; or

(1)(b) an emancipated minor.

(2) “Advance health care directive”:

(2)(a) includes:

(2)(a)(i) a designation of an agent to make health care decisions for an adult when the adult cannot make or communicate health care decisions; or

(2)(a)(ii) an expression of preferences about health care decisions;

(2)(b) may take one of the following forms:

(2)(b)(i) a written document, voluntarily executed by an adult in accordance with the requirements of this chapter; or

(2)(b)(ii) a witnessed oral statement, made in accordance with the requirements of this chapter; and

(2)(c) does not include an order for life sustaining treatment.

(3) “Agent” means an adult designated in an advance health care directive to make health care decisions for the declarant.

(4) “APRN” means an individual who is:

(4)(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);

(4)(b) an independent practitioner; and

(4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual’s area of practice.

(5) “Best interest” means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:

(5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;

(5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;

(5)(c) the degree to which the individual’s medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;

(5)(d) the effect of the treatment on the life expectancy of the individual;

(5)(e) the prognosis of the individual for recovery with and without the treatment;

(5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and

(5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest.

(6) “Capacity to appoint an agent” means that the adult understands the consequences of appointing a particular individual as agent.

(7) “Child” means the same as that term is defined in Section 75-1-201.

(8) “Declarant” means an adult who has completed and signed or directed the signing of an advance health care directive.

(9) “Default surrogate” means the adult who may make decisions for an individual when either:

(9)(a) an agent or guardian has not been appointed; or

(9)(b) an agent is not able, available, or willing to make decisions for an adult.

(10) “Emergency medical services provider” means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act.

(11) “Estate” means the same as that term is defined in Section 75-1-201.

(12) “Generally accepted health care standards”:

(12)(a) is defined only for the purpose of:

(12)(a)(i) this chapter and does not define the standard of care for any other purpose under Utah law; and

(12)(a)(ii) enabling health care providers to interpret the statutory form set forth in Section 75A-3-303; and

(12)(b) means the standard of care that justifies a provider in declining to provide life sustaining care because the proposed life sustaining care:

(12)(b)(i) will not prevent or reduce the deterioration in the health or functional status of an individual;

(12)(b)(ii) will not prevent the impending death of an individual; or

(12)(b)(iii) will impose more burden on the individual than any expected benefit to the individual.

(13) “Guardian” means the same as that term is defined in Section 75-1-201.

(14) “Health care” means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual’s physical or mental condition.

(15) “Health care decision”:

(15)(a) means a decision about an adult’s health care made by, or on behalf of, an adult, that is communicated to a health care provider;

(15)(b) includes:

(15)(b)(i) selection and discharge of a health care provider and a health care facility;

(15)(b)(ii) approval or disapproval of diagnostic tests, procedures, programs of medication, and orders not to resuscitate; and

(15)(b)(iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care; and

(15)(c) does not include decisions about an adult’s financial affairs or social interactions other than as indirectly affected by the health care decision.

(16) “Health care decision making capacity” means an adult’s ability to make an informed decision about receiving or refusing health care, including:

(16)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;

(16)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and

(16)(c) the ability to communicate a decision.

(17) “Health care facility” means:

(17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and

(17)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions.

(18) “Health care provider” means the same as that term is defined in Section 78B-3-403, except that “health care provider” does not include an emergency medical services provider.

(19) “Incapacitated” means the same as that term is defined in Section 75-1-201.

(20) “Incapacity” means the same as that term is defined in Section 75-1-201.

(21)

(21)(a) “Life sustaining care” means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function.

(21)(b) “Life sustaining care” does not include care provided for the purpose of keeping an individual comfortable.

(22) “Minor” means an individual who:

(22)(a) is under 18 years old; and

(22)(b) is not an emancipated minor.

(23) “Order for life sustaining treatment” means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 75-3-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates.

(24) “Parent” means the same as that term is defined in Section 75-1-201.

(25) “Personal representative” means the same as that term is defined in Section 75-1-201.

(26) “Physician” means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act.

(27) “Physician assistant” means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.

(28) “Reasonably available” means:

(28)(a) readily able to be contacted without undue effort; and

(28)(b) willing and able to act in a timely manner considering the urgency of the circumstances.

(29) “State” means the same as that term is defined in Section 75-1-201.

(30) “Substituted judgment” means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:

(30)(a) specific preferences expressed by the adult:

(30)(a)(i) when the adult had the capacity to make health care decisions; and

(30)(a)(ii) at the time the decision is being made;

(30)(b) the surrogate’s understanding of the adult’s health care preferences;

(30)(c) the surrogate’s understanding of what the adult would have wanted under the circumstances; and

(30)(d) to the extent that the preferences described in Subsections (30)(a) through (c) are unknown, the best interest of the adult.

(31) “Surrogate” means a health care decision maker who is:

(31)(a) an appointed agent;

(31)(b) a default surrogate under the provisions of Section 75A-3-203; or

(31)(c) a guardian.

(32) “Trust” means the same as that term is defined in Section 75-1-201.

(33) “Will” means the same as that term is defined in Section 75-1-201.

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