Terms Used In Utah Code > Title 26B > Chapter 5 > Part 4 - Commitment of Persons Under Age 18

• Accredited program: means a degree-offering program from:
       (1)(a) an institution, college, or university that is accredited by the Department of Education or the Council for Higher Education Accreditation; or
       (1)(b) a non-accredited institution, college, or university that offers education equivalent to Department of Education-accredited programs, as determined by a third party selected by the board. See Utah Code 58-20b-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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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.
• Board: means the Utah Physical Therapy Licensing Board, created in Section 58-24b-201. See Utah Code 58-24b-102
• Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102
• Board: means the Environmental Health Scientist Board created in Section 58-20b-201. See Utah Code 58-20b-102
• Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
• Child: means a person under 18 years old. See Utah Code 26B-5-401
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• 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
• Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fund: means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103. See Utah Code 58-22-102
• General supervision: means the supervising environmental health scientist is available for immediate voice communication with the person he or she is supervising. See Utah Code 58-20b-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.
• 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.
• 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
• Legal custody: means :
       (3)(a) the right to determine where and with whom the child shall live;
       (3)(b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and
       (3)(c) the right to authorize surgery or other extraordinary medical care. See Utah Code 26B-5-401
• Licensed physical therapist: means a person licensed under this chapter to engage in the practice of physical therapy. See Utah Code 58-24b-102
• Licensed physical therapist assistant: means a person licensed under this chapter to engage in the practice of physical therapy, subject to the provisions of Subsection 58-24b-401(2)(a). See Utah Code 58-24b-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 mental health authority: means a county legislative body. See Utah Code 26B-5-101
• NCEES: means the National Council of Examiners for Engineering and Surveying. See Utah Code 58-22-102
• Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Physical custody: means :
       (4)(a) placement of a child in any residential or inpatient setting;
       (4)(b) the right to physical custody of a child;
       (4)(c) the right and duty to protect the child; and
       (4)(d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401
• Physical impairment: means :
       (9)(a) a mechanical impairment;
       (9)(b) a physiological impairment;
       (9)(c) a developmental impairment;
       (9)(d) a functional limitation;
       (9)(e) a disability;
       (9)(f) a mobility impairment; or
       (9)(g) a bodily malfunction. See Utah Code 58-24b-102
• physiotherapy: means :
            (10)(a)(i) examining, evaluating, and testing an individual who has a physical impairment or injury;
            (10)(a)(ii) identifying or labeling a physical impairment or injury;
            (10)(a)(iii) formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain;
            (10)(a)(iv) assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury;
            (10)(a)(v) treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention;
            (10)(a)(vi) reducing the risk of an injury or physical impairment;
            (10)(a)(vii) providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes;
            (10)(a)(viii) promoting and maintaining health and fitness;
            (10)(a)(ix) the administration of a prescription drug pursuant to Section 58-24b-403;
            (10)(a)(x) subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58-24b-405; and
            (10)(a)(xi) engaging in administration, consultation, education, and research relating to the practices described in this Subsection (10)(a). See Utah Code 58-24b-102
• Practice of environmental health science: means :
       (4)(a) the enforcement of, the issuance of permits required by, or the inspection for the purpose of enforcing state and local public health laws in the following areas:

            (4)(a)(i) air quality;

            (4)(a)(ii) food safety;

            (4)(a)(iii) solid, hazardous, and toxic substances disposal;

            (4)(a)(iv) consumer product safety;

            (4)(a)(v) housing;

            (4)(a)(vi) noise control;

            (4)(a)(vii) radiation protection;

            (4)(a)(viii) water quality;

            (4)(a)(ix) vector control;

            (4)(a)(x) drinking water quality;

            (4)(a)(xi) milk sanitation;

            (4)(a)(xii) rabies control;

            (4)(a)(xiii) public health nuisances;

            (4)(a)(xiv) indoor clean air regulations;

            (4)(a)(xv) institutional and residential sanitation; or

            (4)(a)(xvi) recreational facilities sanitation; or
       (4)(b) representing oneself in any manner as, or using the titles "environmental health scientist" "environmental health scientist-in-training" or "registered sanitarian. See Utah Code 58-20b-102
• practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102
• practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:
            (14)(a)(i) buildings and other structures representing a substantial hazard to human life, which include:

                 (14)(a)(i)(A) buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;

                 (14)(a)(i)(B) buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;

                 (14)(a)(i)(C) buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;

                 (14)(a)(i)(D) health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;

                 (14)(a)(i)(E) jails and detention facilities with a gross area greater than 3,000 square feet; and

                 (14)(a)(i)(F) buildings and other structures with an occupant load greater than 5,000;
            (14)(a)(ii) buildings and other structures designated as essential facilities, including:

                 (14)(a)(ii)(A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;

                 (14)(a)(ii)(B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;

                 (14)(a)(ii)(C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;

                 (14)(a)(ii)(D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;

                 (14)(a)(ii)(E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;

                 (14)(a)(ii)(F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and

                 (14)(a)(ii)(G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and
            (14)(a)(iii) buildings and other structures requiring special consideration, including:

                 (14)(a)(iii)(A) structures or buildings that are normally occupied by human beings and are five stories or more in height;

                 (14)(a)(iii)(B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and

                 (14)(a)(iii)(C) buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102
• 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.
• Principal: means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice. See Utah Code 58-22-102
• 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
• Professional engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102
• Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102
• Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public funds: include federal and state money that has been transferred by a local substance abuse authority or a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority. See Utah Code 26B-5-101
• Residential: means any out-of-home placement made by a local mental health authority, but does not include out-of-home respite care. See Utah Code 26B-5-401
• Respite care: means temporary, periodic relief provided to parents or guardians from the daily care of children with serious emotional disorders for the limited time periods designated by the division. See Utah Code 26B-5-401
• 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
• 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
• Structure: means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
• Summons: Another word for subpoena used by the criminal justice system.
• Supervision: means that a licensed professional engineer, professional structural engineer, or professional land surveyor is responsible for and personally reviews, corrects when necessary, and approves work performed by an employee, subordinate, associate, or drafter under the direction of the licensee, and may be further defined by rule by the division in collaboration with the board. See Utah Code 58-22-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Testing: includes measurement or evaluation of:
            (13)(b)(i) muscle strength, force, endurance, or tone;
            (13)(b)(ii) cardiovascular fitness;
            (13)(b)(iii) physical work capacity;
            (13)(b)(iv) joint motion, mobility, or stability;
            (13)(b)(v) reflexes or autonomic reactions;
            (13)(b)(vi) movement skill or accuracy;
            (13)(b)(vii) sensation;
            (13)(b)(viii) perception;
            (13)(b)(ix) peripheral nerve integrity;
            (13)(b)(x) locomotor skills, stability, and endurance;
            (13)(b)(xi) the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
            (13)(b)(xii) posture;
            (13)(b)(xiii) body mechanics;
            (13)(b)(xiv) limb length, circumference, and volume;
            (13)(b)(xv) thoracic excursion and breathing patterns;
            (13)(b)(xvi) activities of daily living related to physical movement and mobility;
            (13)(b)(xvii) functioning in the physical environment at home or work, as it relates to physical movement and mobility; and
            (13)(b)(xviii) neural muscular responses. See Utah Code 58-24b-102
• Therapeutic intervention: includes :
       (15)(a) therapeutic exercise, with or without the use of a device;
       (15)(b) functional training in self-care, as it relates to physical movement and mobility;
       (15)(c) community or work integration, as it relates to physical movement and mobility;
       (15)(d) manual therapy, including:

            (15)(d)(i) soft tissue mobilization;

            (15)(d)(ii) therapeutic massage; or

            (15)(d)(iii) joint mobilization, as defined by the division, by rule;
       (15)(e) prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic, protective, or supportive device;
       (15)(f) airway clearance techniques, including postural drainage;
       (15)(g) integumentary protection and repair techniques;
       (15)(h) wound debridement, cleansing, and dressing;
       (15)(i) the application of a physical agent, including:

            (15)(i)(i) light;

            (15)(i)(ii) heat;

            (15)(i)(iii) cold;

            (15)(i)(iv) water;

            (15)(i)(v) air;

            (15)(i)(vi) sound;

            (15)(i)(vii) compression;

            (15)(i)(viii) electricity; and

            (15)(i)(ix) electromagnetic radiation;
       (15)(j) mechanical or electrotherapeutic modalities;
       (15)(k) positioning;
       (15)(l) instructing or training a patient in locomotion or other functional activities, with or without an assistive device;
       (15)(m) manual or mechanical traction;
       (15)(n) correction of posture, body mechanics, or gait; and
       (15)(o) trigger point dry needling, under the conditions described in Section 58-24b-505. See Utah Code 58-24b-102
• Trigger point dry needling: means the stimulation of a trigger point using a dry needle to treat neuromuscular pain and functional movement deficits. See Utah Code 58-24b-102
• 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
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-20b-501 and as may be further defined by division rule. See Utah Code 58-20b-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