Terms Used In Utah Code > Title 26B > Chapter 5 > Part 3 - Utah State Hospital and Other Mental Health Facilities

• Ablative procedure: means the same as that term is defined in Section 58-67-102. See Utah Code 58-1-102
• 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
• Administering: means :
       (1)(a) the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or
       (1)(b) the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. See Utah Code 58-17b-102
• Administrator: means a person who is charged with the general administration of a health facility, regardless of whether:
       (1)(a) the person has an ownership interest in the facility; or
       (1)(b) the person's functions and duties are shared with one or more persons. See Utah Code 58-15-101
• 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
• Adulterated drug or device: means a drug or device considered adulterated under Utah Code 58-17b-102
• 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.
• Alkaline hydrolysis: means a water-based dissolution process using alkaline chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid and to dry bone residue and includes the disposal of the liquid and the processing and pulverization of the dry bone residue. See Utah Code 58-9-102
• Alkaline hydrolysis chamber: means the enclosed space within which the alkaline hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human remains. See Utah Code 58-9-102
• Alkaline hydrolysis container: means a container:
       (3)(a) in which human remains are transported to a funeral service establishment and placed in an alkaline hydrolysis chamber for resomation; and
       (3)(b) that meets substantially all of the following standards:

            (3)(b)(i) able to be closed in order to provide a complete covering for the human remains;

            (3)(b)(ii) resistant to leakage or spillage;

            (3)(b)(iii) rigid enough for handling with ease; and

            (3)(b)(iv) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
• Alternative channels of distribution: means any mail order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section. See Utah Code 58-16a-903
• 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 esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(4) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
• Approved eyelash and eyebrow technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(7) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
• Approved hair designer apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(3) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
• Approved master esthetician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(5) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
• Approved nail technician apprenticeship: means an apprenticeship that meets the requirements of Subsection 58-11a-306(6) and the requirements established by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
• 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
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902
• 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
• Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102
• Barber instructor: means a barber who is licensed under this chapter to engage in the practice of barbering instruction. See Utah Code 58-11a-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}
• Beneficiary: means the individual who, at the time of the individual's death, is to receive the benefit of the property and services purchased under a preneed funeral arrangement. See Utah Code 58-9-102
• Bequest: Property gifted by will.
• Beyond use date: means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. See Utah Code 58-17b-102
• Board: means the Podiatric Physician Board created in Section 58-5a-201. See Utah Code 58-5a-102
• Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102
• Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-102
• Board: means the Health Facility Administrators Licensing Board created in Section 58-15-201. See Utah Code 58-15-101
• Board: means the Optometrist Licensing Board created in Section 58-16a-201. See Utah Code 58-16a-102
• board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102
• Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102
• Calcination: means a process in which a dead human body is reduced by intense heat to a residue that is not as substantive as the residue that follows cremation. See Utah Code 58-9-102
• Cancer drug: means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells. See Utah Code 58-17b-902
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Charitable clinic: means a charitable nonprofit corporation that:
       (3)(a) holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code;
       (3)(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
       (3)(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation:

            (3)(c)(i) advice;

            (3)(c)(ii) counseling;

            (3)(c)(iii) diagnosis;

            (3)(c)(iv) treatment;

            (3)(c)(v) surgery; or

            (3)(c)(vi) care or services relating to the preservation or maintenance of health; and
       (3)(d) has a licensed outpatient pharmacy. See Utah Code 58-17b-902
• 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.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Closed-door pharmacy: means a pharmacy that:
            (15)(a)(i) provides pharmaceutical care to a defined and exclusive group of patients who have access to the services of the pharmacy because they are treated by or have an affiliation with a specific entity, including a health maintenance organization or an infusion company; or
            (15)(a)(ii) engages exclusively in the practice of telepharmacy and does not serve walk-in retail customers. See Utah Code 58-17b-102
• Collaborative pharmacy practice: means a practice of pharmacy whereby one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical care functions authorized by the practitioner or practitioners under certain specified conditions or limitations. See Utah Code 58-17b-102
• Collaborative pharmacy practice agreement: means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for collaborative pharmacy practice for the purpose of drug therapy management of patients and prevention of disease of human subjects. See Utah Code 58-17b-102
• 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
• Competitor: means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer. See Utah Code 58-16a-903
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device:
            (18)(a)(i) as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice;
            (18)(a)(ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or
            (18)(a)(iii) in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102
• Contact lens: means any lens that:
       (2)(a) has a spherical, cylindrical, or prismatic power or curvature;
       (2)(b) is made pursuant to a current prescription; and
       (2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
• Contact lens prescription: means a written or verbal order for contact lenses that includes:
            (3)(a)(i) the commencement date of the prescription;
            (3)(a)(ii) the base curve, power, diameter, material or brand name, and expiration date;
            (3)(a)(iii) for a written order, the signature of the prescribing optometrist or physician; and
            (3)(a)(iv) for a verbal order, a record maintained by the recipient of:

                 (3)(a)(iv)(A) the name of the prescribing optometrist or physician; and

                 (3)(a)(iv)(B) the date when the prescription was issued or ordered. See Utah Code 58-16a-102
• Contact lens prescription verification: means a written request from a person who sells or provides contact lenses that:
       (4)(a) is sent to the prescribing optometrist or physician; and
       (4)(b) seeks the confirmation of the accuracy of a patient's prescription. See Utah Code 58-16a-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-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.
• Cosmetic drug: means a prescription drug that:
            (1)(a)(i) is for the purpose of promoting attractiveness or altering the appearance of an individual; and
            (1)(a)(ii)

                 (1)(a)(ii)(A) is listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; or

                 (1)(a)(ii)(B) has been expressly approved for online dispensing, whether or not it is dispensed online or through a physician's office. See Utah Code 58-17b-802
• Cosmetic supervisor: means a supervisor as defined in Section 58-1-505. See Utah Code 58-11a-102
• County health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-902
• 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
• Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102
• Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102
• Cremation chamber: means the enclosed space within which the cremation process takes place and which is used exclusively for the cremation of human remains. See Utah Code 58-9-102
• Cremation container: means the container:
       (13)(a) in which the human remains are transported to the crematory and placed in the cremation chamber for cremation; and
       (13)(b) that meets substantially all of the following standards:

            (13)(b)(i) composed of readily combustible or consumable materials suitable for cremation;

            (13)(b)(ii) able to be closed in order to provide a complete covering for the human remains;

            (13)(b)(iii) resistant to leakage or spillage;

            (13)(b)(iv) rigid enough for handling with ease; and

            (13)(b)(v) able to provide protection for the health, safety, and personal integrity of crematory personnel. See Utah Code 58-9-102
• Crematory: means the building or portion of a building that houses the cremation chamber and the holding facility. See Utah Code 58-9-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• 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
• Dependent: A person dependent for support upon another.
• 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.
• Direct disposition: means the disposition of a dead human body:
       (15)(a) as quickly as law allows;
       (15)(b) without preparation of the body by embalming; and
       (15)(c) without an attendant funeral service or graveside service. See Utah Code 58-9-102
• Direct supervision: means that the supervisor of an apprentice or the instructor of a student is physically present in the same building as the apprentice or student and readily able to establish direct contact with the apprentice or student for consultation, advice, instruction, and evaluation. See Utah Code 58-11a-102
• 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
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102
• Dispensing medical practitioner: means an individual who is:
       (23)(a) currently licensed as:

            (23)(a)(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;

            (23)(a)(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act;

            (23)(a)(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;

            (23)(a)(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or

            (23)(a)(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and
       (23)(b) licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102
• Dispensing medical practitioner clinic pharmacy: means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. See Utah Code 58-17b-102
• Disposition: means the final disposal of a dead human body by:
       (16)(a) earth interment;
       (16)(b) above ground burial;
       (16)(c) cremation;
       (16)(d) calcination;
       (16)(e) alkaline hydrolysis;
       (16)(f) burial at sea;
       (16)(g) delivery to a medical institution; or
       (16)(h) other lawful means. See Utah Code 58-9-102
• 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
• Donated prescription drug: means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program. See Utah Code 58-17b-902
• Donor: The person who makes a gift.
• Drug: means :
            (26)(a)(i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
            (26)(a)(ii) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
            (26)(a)(iii) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
            (26)(a)(iv) substances intended for use as a component of any substance specified in Subsections (26)(a)(i) through (iv). See Utah Code 58-17b-102
• Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102
• Electrologist instructor: means an electrologist who is licensed under this chapter to engage in the practice of electrology instruction. See Utah Code 58-11a-102
• Electronic signature: means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 58-17b-102
• Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Utah Code 58-17b-102
• Eligible donor: means a donor that donates a prescription drug from within the state and is:
       (7)(a) a nursing care facility;
       (7)(b) an assisted living facility;
       (7)(c) a licensed intermediate care facility for people with an intellectual disability;
       (7)(d) a manufacturer;
       (7)(e) a pharmaceutical wholesale distributor;
       (7)(f) an eligible pharmacy; or
       (7)(g) a physician's office. See Utah Code 58-17b-902
• Eligible pharmacy: means a pharmacy that:
       (8)(a) is registered by the division as eligible to participate in the program; and
       (8)(b)

            (8)(b)(i) is licensed in the state as a Class A retail pharmacy; or

            (8)(b)(ii) is operated by:

                 (8)(b)(ii)(A) a county;

                 (8)(b)(ii)(B) a county health department;

                 (8)(b)(ii)(C) a pharmacy under contract with a county health department;

                 (8)(b)(ii)(D) the Department of Health and Human Services created in Section 26B-1-201; or

                 (8)(b)(ii)(E) a charitable clinic. See Utah Code 58-17b-902
• Eligible prescription drug: includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law. See Utah Code 58-17b-902
• Embalming: means replacing body fluids in a dead human body with preserving and disinfecting chemicals. See Utah Code 58-9-102
• Employer sponsored clinic: means :
       (2)(a) an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or
       (2)(b) a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program. See Utah Code 58-17b-802
• Epinephrine auto-injector: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102
• Esthetician instructor: means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction. See Utah Code 58-11a-102
• 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
• Eye and its adnexa: means the human eye and all structures situated within the orbit, including the conjunctiva, lids, lashes, and lacrimal system. See Utah Code 58-16a-102
• Eyelash and eyebrow technician: means a person who is licensed under this chapter to engage in the practice of eyelash and eyebrow technology. See Utah Code 58-11a-102
• Eyelash and eyebrow technician instructor: means an eyelash and eyebrow technician licensed under this chapter to engage in the practice of eyelash and eyebrow technology instruction. See Utah Code 58-11a-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
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Cosmetology and Associated Professions Education and Enforcement Fund created in Section 58-11a-103. See Utah Code 58-11a-102
• Funeral merchandise: means any of the following into which a dead human body is placed in connection with the transportation or disposition of the body:
            (18)(a)(i) a vault;
            (18)(a)(ii) a casket; or
            (18)(a)(iii) other personal property. See Utah Code 58-9-102
• Funeral service: means a service, rite, or ceremony performed:
       (19)(a) with respect to the death of a human; and
       (19)(b) with the body of the deceased present. See Utah Code 58-9-102
• Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102
• Funeral service establishment: includes :
            (21)(b)(i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
            (21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
• Funeral service intern: means an individual licensed under this chapter who is permitted to:
       (22)(a) assist a funeral service director in the embalming or other preparation of a dead human body for disposition;
       (22)(b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and
       (22)(c) perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Graveside service: means a funeral service held at the location of disposition. See Utah Code 58-9-102
• 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
• 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.
• Hair braiding: includes the following methods or styles:
            (22)(b)(i) African-style braiding;
            (22)(b)(ii) box braids;
            (22)(b)(iii) cornrows;
            (22)(b)(iv) dreadlocks;
            (22)(b)(v) french braids;
            (22)(b)(vi) invisible braids;
            (22)(b)(vii) micro braids;
            (22)(b)(viii) single braids;
            (22)(b)(ix) single plaits;
            (22)(b)(x) twists;
            (22)(b)(xi) visible braids;
            (22)(b)(xii) the use of lock braids;
            (22)(b)(xiii) the use of decorative beads, accessories, and extensions; and
            (22)(b)(xiv) the use of wefts if applied without the use of glue or tape. See Utah Code 58-11a-102
• Hair designer: means a person who is licensed under this chapter to engage in the practice of hair design. See Utah Code 58-11a-102
• Hair designer instructor: means a hair designer who is licensed under this chapter to engage in the practice of hair design instruction. See Utah Code 58-11a-102
• 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: is a s defined in Section 31A-1-301. See Utah Code 58-17b-802
• Health facility: means a skilled nursing facility, an intermediate care facility, or an intermediate care facility for individuals with an intellectual disability. See Utah Code 58-15-101
• 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.
• Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 58-17b-102
• 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
• Indirect supervision: means the same as that term is defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-5a-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
• Injectable weight loss drug: means an injectable prescription drug:
            (4)(a)(i) prescribed to promote weight loss; and
            (4)(a)(ii) listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule. See Utah Code 58-17b-802
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• Intermediate care facility: means an institution that provides, on a regular basis, health care and services to individuals who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health care and services in addition to room and board. See Utah Code 58-15-101
• Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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
• Laser surgery: means surgery in which human tissue is cut, burned, or vaporized by means of laser or ionizing radiation. See Utah Code 58-16a-102
• Licensed esthetics school: means an esthetics school licensed under this chapter. See Utah Code 58-11a-102
• Licensed intermediate care facility for people with an intellectual disability: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902
• Licensed nail technology school: means a nail technology school licensed under this chapter. See Utah Code 58-11a-102
• Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. See Utah Code 58-17b-102
• 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
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-1002
• Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
• 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
• Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102
• Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903
• Manufacturing: includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. See Utah Code 58-17b-102
• Master esthetician: means an individual who is licensed under this chapter to engage in the practice of master-level esthetics. See Utah Code 58-11a-102
• Medical assistant: means an unlicensed individual working under the indirect supervision of a licensed podiatric physician and engaging in specific tasks assigned by the licensed podiatric physician in accordance with the standards and ethics of the podiatry profession. See Utah Code 58-5a-102
• Medically indigent individual: means an individual who:
       (11)(a)

            (11)(a)(i) does not have health insurance; and

            (11)(a)(ii) lacks reasonable means to purchase prescribed medications; or
       (11)(b)

            (11)(b)(i) has health insurance; and

            (11)(b)(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed medications. See Utah Code 58-17b-902
• Medication-assisted treatment drug: means buprenorphine prescribed to treat substance use withdrawal symptoms or an opiate use disorder. See Utah Code 58-17b-902
• Memorial service: means a service, rite, or ceremony performed:
       (24)(a) with respect to the death of a human; and
       (24)(b) without the body of the deceased present. See Utah Code 58-9-102
• 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 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Nail technician: means an individual who is licensed under this chapter to engage in the practice of nail technology. See Utah Code 58-11a-102
• Nail technician instructor: means a nail technician licensed under this chapter to engage in the practice of nail technology instruction. See Utah Code 58-11a-102
• Nonablative procedure: means a procedure that is expected or intended to alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove living tissue. See Utah Code 58-1-102
• Nonprescription drug: includes homeopathic remedies. See Utah Code 58-17b-102
• Nonresident pharmacy: means a pharmacy located outside of Utah that sells to a person in Utah. See Utah Code 58-17b-102
• Nursing care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902
• 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
• Ophthalmic lens: means any lens used to treat the eye and that:
       (8)(a) has a spherical, cylindrical, or prismatic power;
       (8)(b) is made pursuant to an unexpired prescription; and
       (8)(c) is intended to be used in eyeglasses or spectacles. See Utah Code 58-16a-102
• Optometric assistant: means an unlicensed individual:
       (9)(a) working under the direct and immediate supervision of a licensed optometrist; and
       (9)(b) engaged in specific tasks assigned by the licensed optometrist in accordance with the standards and ethics of the profession. See Utah Code 58-16a-102
• Out-of-state mail service pharmacy: means a pharmaceutical facility located outside the state that is licensed and in good standing in another state, that:
       (42)(a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in this state pursuant to a lawfully issued prescription;
       (42)(b) provides information to a patient in this state on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses; or
       (42)(c) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs. See Utah Code 58-17b-102
• 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
• Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. See Utah Code 58-17b-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
• Pharmaceutical administration facility: means a facility, agency, or institution in which:
       (44)(a) prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency;
       (44)(b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and
       (44)(c) prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. See Utah Code 58-17b-102
• Pharmaceutical care: means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule:
            (45)(a)(i) designing, implementing, and monitoring a therapeutic drug plan intended to achieve favorable outcomes related to a specific patient for the purpose of curing or preventing the patient's disease;
            (45)(a)(ii) eliminating or reducing a patient's symptoms; or
            (45)(a)(iii) arresting or slowing a disease process. See Utah Code 58-17b-102
• Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. See Utah Code 58-17b-102
• Pharmaceutical wholesaler or distributor: means a pharmaceutical facility engaged in the business of wholesale vending or selling of a prescription drug or device to other than a consumer or user of the prescription drug or device that the pharmaceutical facility has not produced, manufactured, compounded, or dispensed. See Utah Code 58-17b-102
• Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102
• Pharmacist preceptor: means a licensed pharmacist in good standing with one or more years of licensed experience. See Utah Code 58-17b-102
• Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. See Utah Code 58-17b-102
• Pharmacy: means any place where:
       (51)(a) drugs are dispensed;
       (51)(b) pharmaceutical care is provided;
       (51)(c) drugs are processed or handled for eventual use by a patient; or
       (51)(d) drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102
• Pharmacy benefits manager or coordinator: means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. See Utah Code 58-17b-102
• Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102
• Pharmacy manager: means :
       (54)(a) a pharmacist-in-charge;
       (54)(b) a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration;
       (54)(c) an individual who manages the facility in which a licensed pharmacy is located;
       (54)(d) an individual who oversees the operations of a licensed pharmacy;
       (54)(e) an immediate supervisor of an individual described in Subsections (54)(a) through (d); or
       (54)(f) another operations or site manager of a licensed pharmacy. See Utah Code 58-17b-102
• Pharmacy technician training program: means an approved technician training program providing education for pharmacy technicians. See Utah Code 58-17b-102
• 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
• Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-17b-1002
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice as a dispensing medical practitioner: means the practice of pharmacy, specifically relating to the dispensing of a prescription drug in accordance with Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and division rule adopted after consultation with the Board of pharmacy and the governing boards of the practitioners described in Subsection (23)(a). See Utah Code 58-17b-102
• Practice as a licensed pharmacy technician: means engaging in practice as a pharmacy technician under the general supervision of a licensed pharmacist and in accordance with a scope of practice defined by division rule made in collaboration with the board. See Utah Code 58-17b-102
• Practice of barbering: means :
       (33)(a) cutting, clipping, or trimming the hair of the head of any person by the use of scissors, shears, clippers, or other appliances;
       (33)(b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
       (33)(c) removing hair from the face or neck of a person by the use of shaving equipment; and
       (33)(d) when providing other services described in this Subsection (33), gently massaging the head, back of the neck, and shoulders by manual or mechanical means. See Utah Code 58-11a-102
• Practice of barbering instruction: means teaching the practice of barbering at a licensed barber school, at any school licensed under this chapter or for an approved barber apprenticeship. See Utah Code 58-11a-102
• Practice of basic esthetics: means any one of the following skin care procedures done on the body for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
       (35)(a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous removal by buffing or filing;
       (35)(b) limited chemical exfoliation as defined by rule;
       (35)(c) removing superfluous hair by means other than electrolysis, except that an individual is not required to be licensed as an esthetician to engage in the practice of threading;
       (35)(d) other esthetic preparations or procedures with the use of the hands, a high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not for the treatment of medical, physical, or mental ailments;
       (35)(e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions; or
       (35)(f) except as provided in Subsection (35)(f)(i), cosmetic laser procedures under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the following:

            (35)(f)(i) superfluous hair removal which shall be under indirect supervision;

            (35)(f)(ii) anti-aging resurfacing enhancements;

            (35)(f)(iii) photo rejuvenation; or

            (35)(f)(iv) tattoo removal. See Utah Code 58-11a-102
• Practice of electrology: means :
       (38)(a) the removal of superfluous hair from the body of a person by the use of electricity, waxing, shaving, or tweezing; or
       (38)(b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to superfluous hair removal. See Utah Code 58-11a-102
• Practice of electrology instruction: means teaching the practice of electrology at any school licensed under this chapter. See Utah Code 58-11a-102
• Practice of esthetics instruction: means teaching the practice of basic esthetics or the practice of master-level esthetics:
       (40)(a) at any school licensed under this chapter; or
       (40)(b) for an approved esthetician apprenticeship or an approved master esthetician apprenticeship. See Utah Code 58-11a-102
• Practice of eyelash and eyebrow technology: means arching eyebrows by tweezing, tinting eyelashes or eyebrows, perming eyelashes or eyebrows, or applying eyelash or eyebrow extensions. See Utah Code 58-11a-102
• Practice of eyelash and eyebrow technology instruction: means teaching the practice of eyelash and eyebrow technology at any school licensed under this chapter or for an approved eyelash and eyebrow technician apprenticeship. See Utah Code 58-11a-102
• Practice of funeral service: means :
       (25)(a) supervising the receipt of custody and transportation of a dead human body to prepare the body for:

            (25)(a)(i) disposition; or

            (25)(a)(ii) shipment to another location;
       (25)(b) entering into a contract with a person to provide professional services regulated under this chapter;
       (25)(c) embalming or otherwise preparing a dead human body for disposition;
       (25)(d) supervising the arrangement or conduct of:

            (25)(d)(i) a funeral service;

            (25)(d)(ii) a graveside service; or

            (25)(d)(iii) a memorial service;
       (25)(e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or the body's remains;
       (25)(f) supervising the arrangement of:

            (25)(f)(i) a disposition; or

            (25)(f)(ii) a direct disposition;
       (25)(g) facilitating:

            (25)(g)(i) a disposition; or

            (25)(g)(ii) a direct disposition;
       (25)(h) supervising the sale of funeral merchandise by a funeral establishment;
       (25)(i) managing or otherwise being responsible for the practice of funeral service in a licensed funeral service establishment;
       (25)(j) supervising the sale of a preneed funeral arrangement; and
       (25)(k) contracting with or employing individuals to sell a preneed funeral arrangement. See Utah Code 58-9-102
• Practice of hair design: means :
       (43)(a) styling, arranging, dressing, curling, waving, permanent waving, cleansing, singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a person;
       (43)(b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors, shears, clippers, or other appliances;
       (43)(c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or both on the human head; or
       (43)(d) practicing hair weaving, hair fusing, or servicing previously medically implanted hair. See Utah Code 58-11a-102
• Practice of hair design instruction: means teaching the practice of hair design at any school licensed under this chapter. See Utah Code 58-11a-102
• practice of master-level esthetics: includes :
            (45)(c)(i) the practice of esthetics, but an individual is not required to be licensed as an esthetician or master-level esthetician to engage in the practice of threading; and
            (45)(c)(ii) the practice of eyelash and eyebrow technology. See Utah Code 58-11a-102
• Practice of nail technology: includes :
            (46)(b)(i) the application and removal of sculptured or artificial nails; and
            (46)(b)(ii) using blades, including corn or callus planer or rasp, for smoothing, shaving, or removing dead skin from the feet. See Utah Code 58-11a-102
• Practice of nail technology instruction: means teaching the practice of nail technology at any school licensed under this chapter or for an approved nail technician apprenticeship. See Utah Code 58-11a-102
• Practice of pharmacy: includes the following:
       (58)(a) providing pharmaceutical care;
       (58)(b) collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement;
       (58)(c) compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:

            (58)(c)(i) pursuant to a lawful order of a practitioner when one is required by law; and

            (58)(c)(ii) in accordance with written guidelines or protocols:

                 (58)(c)(ii)(A) established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or

                 (58)(c)(ii)(B) approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;
       (58)(d) participating in drug utilization review;
       (58)(e) ensuring proper and safe storage of drugs and devices;
       (58)(f) maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;
       (58)(g) providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses;
       (58)(h) providing drug product equivalents;
       (58)(i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;
       (58)(j) providing patient counseling, including adverse and therapeutic effects of drugs;
       (58)(k) providing emergency refills as defined by rule;
       (58)(l) telepharmacy;
       (58)(m) formulary management intervention;
       (58)(n) prescribing and dispensing a self-administered hormonal contraceptive in accordance with Title 26B, Chapter 4, Part 5, Treatment Access; and
       (58)(o) issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102
• Practice of podiatry: means , subject to Section 58-5a-103, the diagnosis and treatment of conditions affecting the human foot and ankle and their manifestations of systemic conditions, and wound debridement on the limbs and torso, by all appropriate and lawful means. See Utah Code 58-5a-102
• Practice of telepharmacy: means the practice of pharmacy through the use of telecommunications and information technologies. See Utah Code 58-17b-102
• Practice of telepharmacy across state lines: means the practice of pharmacy through the use of telecommunications and information technologies that occurs when the patient is physically located within one jurisdiction and the pharmacist is located in another jurisdiction. See Utah Code 58-17b-102
• Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102
• 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.
• Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:
            (26)(a)(i) goods;
            (26)(a)(ii) services, including:

                 (26)(a)(ii)(A) embalming services; and

                 (26)(a)(ii)(B) funeral directing services;
            (26)(a)(iii) real property; or
            (26)(a)(iv) personal property, including:

                 (26)(a)(iv)(A) a casket;

                 (26)(a)(iv)(B) another primary container;

                 (26)(a)(iv)(C) a cremation, alkaline hydrolysis, or transportation container;

                 (26)(a)(iv)(D) an outer burial container;

                 (26)(a)(iv)(E) a vault;

                 (26)(a)(iv)(F) a grave liner;

                 (26)(a)(iv)(G) funeral clothing and accessories;

                 (26)(a)(iv)(H) a monument;

                 (26)(a)(iv)(I) a grave marker; and

                 (26)(a)(iv)(J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
• Prepackaged drug: means a prescription drug that:
       (5)(a) is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and
       (5)(b) is packaged in a fixed quantity per package by:

            (5)(b)(i) the drug manufacturer;

            (5)(b)(ii) a pharmaceutical wholesaler or distributor; or

            (5)(b)(iii) a pharmacy licensed under this title. See Utah Code 58-17b-802
• Prescribe: means to issue a prescription:
       (62)(a) orally or in writing; or
       (62)(b) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-17b-102
• Prescriber: means an individual licensed or authorized to prescribe contact lenses under this title. See Utah Code 58-16a-903
• Prescription: means an order issued:
       (63)(a) by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
       (63)(b) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102
• Prescription device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, and any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by or through a person or entity licensed under this chapter or exempt from licensure under this chapter. See Utah Code 58-17b-102
• Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-17b-102
• 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.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Processing: means the reduction of identifiable bone fragments after the completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments by manual means. See Utah Code 58-9-102
• profile: means a record system maintained as to drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze the profile to provide pharmaceutical care. See Utah Code 58-17b-102
• Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
• Program: means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903. See Utah Code 58-17b-902
• 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.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pulverization: means the reduction of identifiable bone fragments after the completion of the cremation or alkaline hydrolysis and processing to granulated particles by manual or mechanical means. See Utah Code 58-9-102
• Qualified adult: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
• Qualified epinephrine auto-injector entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
• Qualified stock albuterol entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
• Recognized barber school: means a barber school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
• Recognized electrology school: means an electrology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
• Recognized esthetics school: means an esthetics school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
• Recognized eyelash and eyebrow technology school: means an eyelash and eyebrow technology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
• Recognized hair design school: means a hair design school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
• Recognized nail technology school: means a nail technology school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that state. See Utah Code 58-11a-102
• 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.
• Research using pharmaceuticals: means research:
       (67)(a) conducted in a research facility, as defined by division rule, that is associated with a university or college in the state accredited by the Northwest Commission on Colleges and Universities;
       (67)(b) requiring the use of a controlled substance, prescription drug, or prescription device;
       (67)(c) that uses the controlled substance, prescription drug, or prescription device in accordance with standard research protocols and techniques, including, if required, those approved by an institutional review committee; and
       (67)(d) that includes any documentation required for the conduct of the research and the handling of the controlled substance, prescription drug, or prescription device. See Utah Code 58-17b-102
• Resomation: means the alkaline hydrolysis process. See Utah Code 58-9-102
• Retail pharmacy: means a pharmaceutical facility dispensing prescription drugs and devices to the general public. See Utah Code 58-17b-102
• Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
• Salon: means a place, shop, or establishment in which cosmetology/barbering, esthetics, electrology, nail technology, or eyelash and eyebrow technology is practiced. See Utah Code 58-11a-102
• Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. See Utah Code 58-17b-102
• Self-audit: means an internal evaluation of a pharmacy to determine compliance with this chapter. See Utah Code 58-17b-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
• 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
• Skilled nursing facility: means an institution primarily providing inpatients with skilled nursing care and related services on a continuing basis for patients who require mental, medical, or nursing care, or service for the rehabilitation of an injured individual, a sick individual, or an individual with a disability. See Utah Code 58-15-101
• 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
• Statute: A law passed by a legislature.
• Stock albuterol: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002
• Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising pharmacist: means a pharmacist who is overseeing the operation of the pharmacy during a given day or shift. See Utah Code 58-17b-102
• Supportive personnel: means unlicensed individuals who:
       (72)(a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and
       (72)(b) are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. See Utah Code 58-17b-102
• Temporary container: means a receptacle for cremated or alkaline hydrolysis remains usually made of cardboard, plastic, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired. See Utah Code 58-9-102
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Unexpired: means a prescription that was issued:
       (15)(a) for ophthalmic lenses which does not expire unless the optometrist or physician includes an expiration date on the prescription based on medical reasons that are documented in the patient's file; and
       (15)(b) in accordance with Subsection (3) for a contact lens. See Utah Code 58-16a-102
• Unit pack: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902
• 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: includes :
       (6)(a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
       (6)(b) for an individual who is not licensed under this chapter:

            (6)(b)(i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor, foot specialist, or D. See Utah Code 58-5a-102
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-501. See Utah Code 58-9-102
• Unlawful conduct: is a s defined in Sections 58-1-501 and 58-11a-502. See Utah Code 58-11a-102
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-501. See Utah Code 58-17b-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: includes , for an individual licensed under this chapter:
            (7)(a)(i) the conduct that constitutes unprofessional conduct under Section 58-1-501;
            (7)(a)(ii) communicating to a third party, without the consent of the patient, information the individual acquires in treating the patient, except as necessary for professional consultation regarding treatment of the patient;
            (7)(a)(iii) allowing the individual's name or license to be used by an individual who is not licensed to practice podiatry under this chapter;
            (7)(a)(iv) except as described in Section 58-5a-306, employing, directly or indirectly, any unlicensed individual to practice podiatry;
            (7)(a)(v) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs the individual's ability to practice podiatry;
            (7)(a)(vi) unlawfully prescribing, selling, or giving away any prescription drug, including controlled substances, as defined in Section 58-37-2;
            (7)(a)(vii) gross incompetency in the practice of podiatry;
            (7)(a)(viii) willfully and intentionally making a false statement or entry in hospital records, medical records, or reports;
            (7)(a)(ix) willfully making a false statement in reports or claim forms to governmental agencies or insurance companies with the intent to secure payment not rightfully due;
            (7)(a)(x) willfully using false or fraudulent advertising;
            (7)(a)(xi) conduct the division defines as unprofessional conduct by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
            (7)(a)(xii) falsely making an entry in, or altering, a medical record with the intent to conceal:

                 (7)(a)(xii)(A) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or

                 (7)(a)(xii)(B) conduct described in Subsections (7)(a)(i) through (xi) or Subsection 58-1-501(1); or
            (7)(a)(xiii) violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. See Utah Code 58-5a-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-502. See Utah Code 58-9-102
• Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-11a-501 and as may be further defined by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102
• Urn: means a receptacle designed to permanently encase cremated or alkaline hydrolysis remains. See Utah Code 58-9-102
• 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
• Veterinary pharmaceutical facility: means a pharmaceutical facility that dispenses drugs intended for use by animals or for sale to veterinarians for the administration for animals. See Utah Code 58-17b-102
• 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
• Written communication: means a physical document, or an electronic communication, by or from which the recipient may read or access the information intended to be communicated, including:
       (76)(a) email;
       (76)(b) text message; and
       (76)(c) quick response (QR) code. See Utah Code 58-17b-102