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Terms Used In Utah Code 75A-3-104

  • 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.
  • 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
  • Incapacitated: means the same as that term is defined in Section 75-1-201. 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
  • 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
  • State: means the same as that term is defined in Section 75-1-201. 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

     The provisions of this chapter are cumulative with existing law regarding a person‘s right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities that a health care provider, a person, including a minor or incapacitated person, or a person’s family or surrogate may have in regard to the provision, withholding or withdrawal of life sustaining procedures under the common law or statutes of the state.