Utah Code > Title 26B > Chapter 6 – Long Term Services and Supports, Aging, and Disabilities

		Sections
Part 1	Aging and Adult Services	26B-6-101 – 26B-6-114
Part 2	Abuse, Neglect, or Exploitation of a Vulnerable Adult	26B-6-201 – 26B-6-219
Part 3	Office of Public Guardian	26B-6-301 – 26B-6-309
Part 4	Division of Services for People with Disabilities	26B-6-401 – 26B-6-414
Part 5	Utah State Developmental Center	26B-6-501 – 26B-6-509
Part 6	Admission to an Intermediate Care Facility for People with an Intellectual Disability	26B-6-601 – 26B-6-613
Part 7	Disability Ombudsman	26B-6-701 – 26B-6-705
Part 8	Rights and Privileges of Minors and Individuals with a Disability	26B-6-801 – 26B-6-821

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Terms Used In Utah Code > Title 26B > Chapter 6 - Long Term Services and Supports, Aging, and Disabilities

Abandonment: means any knowing or intentional action or failure to act, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care. See Utah Code 26B-6-201
Abuse: means :
     (2)(a) knowingly or intentionally:
          (2)(a)(i) attempting to cause harm;
          (2)(a)(ii) causing harm; or
          (2)(a)(iii) placing another in fear of harm;
     (2)(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;
     (2)(c) emotional or psychological abuse;
     (2)(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or
     (2)(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:
          (2)(e)(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
          (2)(e)(ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(1)(a)(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
(1)(a)(ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
aged: means a person 60 years old or older. See Utah Code 26B-6-101
Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
Approved: means approval by the division in collaboration with the board when used to refer to a licensing requirement. See Utah Code 58-40-102
Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
(4)(a) operate within a planning and service area of the state; and
(4)(b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101
Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
(5)(a) operate within a planning and service area of the state; and
(5)(b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101
Arrest: Taking physical custody of a person by lawful authority.
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Assessment: includes :
          (2)(b)(i) a record review;
          (2)(b)(ii) the implementation of standardized and non-standardized instruments, tests, and measurements; and
          (2)(b)(iii) the skilled observation and interview of a person. See Utah Code 58-40-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
Board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-37f-102
Board: means the Board of Recreational Therapy created in Section 58-40-201. See Utah Code 58-40-102
Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401
Business associate: is a s defined under the HIPAA privacy, security, and breach notification rules in Utah Code 58-37f-102
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Clandestine laboratory operation: means the:
          (1)(b)(i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;
          (1)(b)(ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;
          (1)(b)(iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;
          (1)(b)(iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;
          (1)(b)(v) illegal manufacture of specified controlled substances; or
          (1)(b)(vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3
Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2
Contract: A legal written agreement that becomes binding when signed.
Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
Controlled substance: means a drug or substance:
(1)(f)(i)(A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
(1)(f)(i)(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2
Controlled substance analog: means :
(1)(g)(i)(A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section Utah Code 58-37-2
Controlled substance precursor: includes a chemical reagent and means any of the following:
     (1)(a) Phenyl-2-propanone;
     (1)(b) Methylamine;
     (1)(c) Ethylamine;
     (1)(d) D-lysergic acid;
     (1)(e) Ergotamine and its salts;
     (1)(f) Diethyl malonate;
     (1)(g) Malonic acid;
     (1)(h) Ethyl malonate;
     (1)(i) Barbituric acid;
     (1)(j) Piperidine and its salts;
     (1)(k) N-acetylanthranilic acid and its salts;
     (1)(l) Pyrrolidine;
     (1)(m) Phenylacetic acid and its salts;
     (1)(n) Anthranilic acid and its salts;
     (1)(o) Morpholine;
     (1)(p) Ephedrine;
     (1)(q) Pseudoephedrine;
     (1)(r) Norpseudoephedrine;
     (1)(s) Phenylpropanolamine;
     (1)(t) Benzyl cyanide;
     (1)(u) Ergonovine and its salts;
     (1)(v) 3,4-Methylenedioxyphenyl-2-propanone;
     (1)(w) propionic anhydride;
     (1)(x) Insosafrole;
     (1)(y) Safrole;
     (1)(z) Piperonal;
     (1)(aa) N-Methylephedrine;
     (1)(bb) N-ethylephedrine;
     (1)(cc) N-methylpseudoephedrine;
     (1)(dd) N-ethylpseudoephedrine;
     (1)(ee) Hydriotic acid;
     (1)(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
     (1)(gg) 1,4 butanediol;
     (1)(hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
     (1)(ii) Crystal iodine;
     (1)(jj) Iodine at concentrations greater than 1. See Utah Code 58-37c-3
Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
               (1)(h)(i)(A) Chapter 37, Utah Controlled Substances Act;
               (1)(h)(i)(B) Chapter 37a, Utah Drug Paraphernalia Act;
               (1)(h)(i)(C) Chapter 37b, Imitation Controlled Substances Act;
               (1)(h)(i)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
               (1)(h)(i)(E) Chapter 37d, Clandestine Drug Lab Act; or

(1)(h)(ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:

(1)(h)(ii)(A) Chapter 37, Utah Controlled Substances Act;

(1)(h)(ii)(B) Chapter 37a, Utah Drug Paraphernalia Act;

(1)(h)(ii)(C) Chapter 37b, Imitation Controlled Substances Act;

(1)(h)(ii)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or

(1)(h)(ii)(E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2

Corporate name: means :

(10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or

(10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102

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.

Counterfeit opioid: means an opioid or container or labeling of an opioid that:

(1)(d)(i)

(1)(d)(i)(A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and

(1)(d)(i)(B) a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or

(1)(d)(ii)

(1)(d)(ii)(A) is falsely represented to be any legally or illegally manufactured opioid; and

(1)(d)(ii)(B) a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3

Counterfeit substance: means :

(1)(i)(i) any controlled substance or container or labeling of any controlled substance that:

(1)(i)(i)(A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and

(1)(i)(i)(B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or

(1)(i)(ii) any substance other than under Subsection (1)(i)(i) that:

(1)(i)(ii)(A) is falsely represented to be any legally or illegally manufactured controlled substance; and

(1)(i)(ii)(B) a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2

Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

Cross examine: Questioning of a witness by the attorney for the other side.

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Database: means the controlled substance database created in Section 58-37f-201. See Utah Code 58-37f-102

Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201

De-identified: is a s defined in Utah Code 58-37f-102

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102

delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2

Department: means the Department of Commerce. See Utah Code 58-37-2

Department: means the Department of Commerce. See Utah Code 58-1-102

Dependent: A person dependent for support upon another.

Deteriorating disease: includes :

(5)(a) multiple sclerosis;

(5)(b) muscular dystrophy;

(5)(c) Huntington's chorea;

(5)(d) Alzheimer's disease;

(5)(e) ataxia; or

(5)(f) cancer. See Utah Code 26B-6-401

Developmental center: means the Utah State Developmental Center, established in accordance with Part 5, Utah State Developmental Center. See Utah Code 26B-6-401

Direct service worker: means a person who provides services to a person with a disability:

(8)(a) when the services are rendered in:

(8)(a)(i) the physical presence of the person with a disability; or

(8)(a)(ii) a location where the person rendering the services has access to the physical presence of the person with a disability; and

(8)(b)

(8)(b)(i) under a contract with the division;

(8)(b)(ii) under a grant agreement with the division; or

(8)(b)(iii) as an employee of the division. See Utah Code 26B-6-401

Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102

Director: means the director of the division. See Utah Code 26B-6-101

Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401

Disability: means a severe, chronic disability that:

(9)(a)(i) is attributable to:

(9)(a)(i)(A) an intellectual disability;

(9)(a)(i)(B) a condition that qualifies a person as a person with a related condition, as defined in Utah Code 26B-6-401

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2

Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2

Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3

Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2

Distribute: means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. See Utah Code 58-37b-2

Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2

Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2

Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102

Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102

Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101

Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401

Drug: means :

(1)(r)(i)(A) 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;

(1)(r)(i)(B) 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;

(1)(r)(i)(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and

(1)(r)(i)(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2

Drug paraphernalia: includes :

(2)(a) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2)(b) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(2)(c) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;

(2)(d) except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;

(2)(e) scales and balances used, or intended for use, in weighing or measuring a controlled substance;

(2)(f) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;

(2)(g) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;

(2)(h) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;

(2)(i) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;

(2)(j) containers and other objects used, or intended for use to store or conceal a controlled substance;

(2)(k) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and

(2)(l) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:

(2)(l)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(2)(l)(ii) water pipes;

(2)(l)(iii) carburetion tubes and devices;

(2)(l)(iv) smoking and carburetion masks;

(2)(l)(v) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

(2)(l)(vi) miniature cocaine spoons and cocaine vials;

(2)(l)(vii) chamber pipes;

(2)(l)(viii) carburetor pipes;

(2)(l)(ix) electric pipes;

(2)(l)(x) air-driven pipes;

(2)(l)(xi) chillums;

(2)(l)(xii) bongs; and

(2)(l)(xiii) ice pipes or chillers. See Utah Code 58-37a-3

Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201

eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401

Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201

Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201

Emotional or psychological abuse: includes intimidating, threatening, isolating, coercing, or harassing. See Utah Code 26B-6-201

Endorsed program: means a facility or program that:

(12)(a) is operated:

(12)(a)(i) by the division; or

(12)(a)(ii) under contract with the division; or

(12)(b) provides services to a person committed to the division under Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability. See Utah Code 26B-6-401

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Entity: includes :

(19)(a) a domestic and foreign corporation;

(19)(b) a nonprofit corporation;

(19)(c) a limited liability company;

(19)(d) a profit or nonprofit unincorporated association;

(19)(e) a business trust;

(19)(f) an estate;

(19)(g) a partnership;

(19)(h) a trust;

(19)(i) two or more persons having a joint or common economic interest;

(19)(j) a state;

(19)(k) the United States; and

(19)(l) a foreign government. See Utah Code 16-10a-102

Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Estate: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

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

Exploitation: means an offense described in Section Utah Code 26B-6-201

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.

Food: means :

(1)(t)(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and

(1)(t)(ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2

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.

furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

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: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

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

Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201

Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3

Health care facility: is a s defined in Section 26B-2-201. See Utah Code 58-37f-102

high risk adult: means a person 18 years old or older who experiences a condition:

(1)(a) that places the person at a high risk of being unable to care for themselves:

(1)(a)(i) as determined by assessment; and

(1)(a)(ii) due to the onset of a physical or cognitive impairment or frailty; and

(1)(b) for which the person is not eligible to receive services under:

(1)(b)(i) Part 4, Division of Services for People with Disabilities; or

(1)(b)(ii) Chapter 5, Health Care - Substance Use and Mental Health. See Utah Code 26B-6-101

Illegal drug: means a drug or controlled substance whose distribution is a violation of state law. See Utah Code 58-37e-2

Illegal drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user. See Utah Code 58-37e-2

Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:

(1)(g)(i) compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid;

(1)(g)(ii) conversion of cocaine or methamphetamine to their base forms; or

(1)(g)(iii) extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3

Imitation controlled substance: means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:

(3)(a) a controlled substance; or

(3)(b) represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-2(1)(i)(ii). See Utah Code 58-37b-2

Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2

Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301

Inconclusive: means a finding by the division that there is not a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Indian: means a member of an Indian tribe. See Utah Code 58-37-2

Indian religion: means any religion:

(1)(w)(i) the origin and interpretation of which is from within a traditional Indian culture or community; and

(1)(w)(ii) which is practiced by Indians. See Utah Code 58-37-2

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Individual: means :

(22)(a) a natural person;

(22)(b) the estate of an incompetent individual; or

(22)(c) the estate of a deceased individual. See Utah Code 16-10a-102

Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Utah Code 58-37e-2

Informed consent: means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception. See Utah Code 26B-6-801

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Institutionalized: means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility. See Utah Code 26B-6-801

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 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

Isolation: means knowingly or intentionally preventing a vulnerable adult from having contact with another person, unless the restriction of personal rights is authorized by court order, by:

(20)(a)(i) preventing the vulnerable adult from communicating, visiting, interacting, or initiating interaction with others, including receiving or inviting visitors, mail, or telephone calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;

(20)(a)(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or

(20)(a)(iii) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. See Utah Code 26B-6-201

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.

Lacks capacity to consent: is a s defined in Section Utah Code 26B-6-201

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

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

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

Lien: A claim against real or personal property in satisfaction of a debt.

Limited support services: means services that are administered by the division to individuals with a disability:

(14)(a) under a waiver authorized under Utah Code 26B-6-401

Man: means an adult human male. See Utah Code 68-3-12.5

Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2

Manufacture: means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. See Utah Code 58-37b-2

Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2

Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:

(1)(aa)(i)(A) seeds;

(1)(aa)(i)(B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;

(1)(aa)(i)(C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;

(1)(aa)(i)(D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and

(1)(aa)(i)(E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2

Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3

Mental health therapist: is a s defined in Section 58-60-102. See Utah Code 58-37f-102

Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2

Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1)(cc)(i) opium, coca leaves, and opiates;

(1)(cc)(ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;

(1)(cc)(iii) opium poppy and poppy straw; or

(1)(cc)(iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2

Neglect: means :

(22)(a)(i)

(22)(a)(i)(A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or

(22)(a)(i)(B) failure of a caretaker to provide protection from health and safety hazards or maltreatment;

(22)(a)(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;

(22)(a)(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;

(22)(a)(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;

(22)(a)(v) self-neglect by the vulnerable adult; or

(22)(a)(vi) abandonment by a caretaker. See Utah Code 26B-6-201

Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102

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 Public Guardian. See Utah Code 26B-6-301

Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701

Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2

Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3

Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2

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.

Period of illegal drug use: means , in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of the action. See Utah Code 58-37e-2

Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2

Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3

Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Utah Code 58-37e-2

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 care attendant: means a person who:

(9)(a) is selected by:

(9)(a)(i) an aged person;

(9)(a)(ii) an agent of an aged person;

(9)(a)(iii) a high risk adult; or

(9)(a)(iv) an agent of a high risk adult; and

(9)(b) provides personal services to the:

(9)(b)(i) aged person described in Subsection (9)(a)(i); or

(9)(b)(ii) high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101

Personal services: means nonmedical care and support, including assisting a person with:

(10)(a) meal preparation;

(10)(b) eating;

(10)(c) bathing;

(10)(d) dressing;

(10)(e) personal hygiene; or

(10)(f) daily living activities. See Utah Code 26B-6-101

Physical disability: means a medically determinable physical impairment that has resulted in the functional loss of two or more of a person's limbs. See Utah Code 26B-6-401

Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201

Place of illegal drug activity: means , in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Utah Code 58-37e-2

Place of participation: means , in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. See Utah Code 58-37e-2

Plaintiff: The person who files the complaint in a civil lawsuit.

Planning and service area: means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults. See Utah Code 26B-6-101

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2

Practice of recreational therapy: means to engage in the paid performance of providing recreational therapy services according to the therapeutic recreation process to a person with an emotional, social, intellectual, or physical pathology. See Utah Code 58-40-102

Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2

Practitioner: means a physician, physician assistant, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37c-3

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.

Prescribe: means to issue a prescription:

(1)(kk)(i) orally or in writing; or

(1)(kk)(ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2

Prescription: means an order issued:

(1)(ll)(i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and

(1)(ll)(ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2

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.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Proceeding: includes :

(26)(a) a civil suit;

(26)(b) arbitration or mediation; and

(26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2

Property: is a s defined in Section 75-1-201. See Utah Code 26B-6-301

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.

Prospective patient: means an individual who:

(2)(h)(i) is seeking medical advice, medical treatment, or medical services from a practitioner; and

(2)(h)(ii) the practitioner described in Subsection (2)(h)(i) is considering accepting as a patient. See Utah Code 58-37f-102

Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201

Public funds: includes :

(12)(b)(i) Medicaid funds; and

(12)(b)(ii) Medicaid waiver funds. See Utah Code 26B-6-101

Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

real property: includes :

(31)(a) land;

(31)(b) a tenement;

(31)(c) a hereditament;

(31)(d) a water right;

(31)(e) a possessory right; and

(31)(f) a claim. See Utah Code 68-3-12.5

Recreational therapy services: include :

(6)(b)(i) assessing a person's need for recreational therapy treatment or intervention;

(6)(b)(ii) developing an individualized treatment or intervention plan that identifies goals, objectives, and treatment strategies for a person;

(6)(b)(iii) implementing the individualized treatment or intervention plan;

(6)(b)(iv) documenting a person's response to the individualized treatment or intervention plan, including documenting the overall outcome of the person's treatment;

(6)(b)(v) regularly evaluating a person's response to the individualized treatment or intervention plan and modifying the plan when appropriate;

(6)(b)(vi) in collaboration with a person, the person's family, or other team members, developing a discharge or transition plan for the person;

(6)(b)(vii) serving as a resource to help a person find recreation opportunities that will promote the person's physical, cognitive, social, behavioral, emotional, or spiritual health and well-being; and

(6)(b)(viii) organizing and managing recreational services according to a written plan of operation as defined by rule of the division. See Utah Code 58-40-102

Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3

Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3

Regulated transaction: means any actual, constructive or attempted:

(8)(a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or

(8)(b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3

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.

Resident: means an individual under observation, care, or treatment in an intermediate care facility for people with an intellectual disability. See Utah Code 26B-6-401

Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:

(9)(a) in both number of sales and volume of sales; and

(9)(b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3

Rights and privileges of an individual with a disability: means the rights and privileges of an individual with a disability described in Subsections 26B-6-802(1) through (3). See Utah Code 26B-6-701

Self-neglect: means the failure of a vulnerable adult to provide or obtain food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. See Utah Code 26B-6-201

Serious physical injury: is a s defined in Section 76-5-111. See Utah Code 26B-6-201

Service animal: includes any dog that:

(4)(a)(i) is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and

(4)(a)(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:

(4)(a)(ii)(A) assisting an individual who is blind or has low vision with navigation or other tasks;

(4)(a)(ii)(B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;

(4)(a)(ii)(C) providing non-violent protection or rescue work;

(4)(a)(ii)(D) pulling a wheelchair;

(4)(a)(ii)(E) assisting an individual during a seizure;

(4)(a)(ii)(F) alerting an individual to the presence of an allergen;

(4)(a)(ii)(G) retrieving an item for the individual;

(4)(a)(ii)(H) providing physical support and assistance with balance and stability; or

(4)(a)(ii)(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. See Utah Code 26B-6-801

Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102

Shareholder: means :

(34)(a)(i) the person in whose name a share is registered in the records of a corporation; or

(34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Specified illegal drug: means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law. See Utah Code 58-37e-2

State: means the state of Utah. See Utah Code 58-37-2

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Sterilization: means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation. See Utah Code 26B-6-801

Subpoena: A command to a witness to appear and give testimony.

Substance abuse treatment program: is a s defined in Section 26B-2-101. See Utah Code 58-37f-102

Support animal: means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability. See Utah Code 26B-6-801

Supported: means a finding by the division that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201

Sustainability fund: means the Utah State Developmental Center Long-Term Sustainability Fund created in Section 26B-1-331. See Utah Code 26B-6-401

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tetrahydrocannabinol: means the same as that term is defined in Section Utah Code 58-37d-3

therapeutic recreation: means a person-centered process that uses recreation and psychoeducational activities as intervention tools to improve the physical, cognitive, social, behavioral, emotional, or spiritual well-being of a person with an illness or a disability. See Utah Code 58-40-102

Threshold amount of a listed precursor chemical: means any amount of a controlled substance precursor or a specified amount of a controlled substance precursor in a matrix; however, the division may exempt from the provisions of this chapter a specific controlled substance precursor in a specific amount and in certain types of transactions which provisions for exemption shall be defined by the division by rule adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-37c-3

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Treatment or intervention plan: means a written record containing the information required by Section 58-40-602, which is composed for each patient by a person licensed under this chapter as a master therapeutic recreation specialist or a therapeutic recreation specialist. See Utah Code 58-40-102

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.

Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2

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: is a s defined in Sections 58-1-501 and 58-40-502. See Utah Code 58-40-102

use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5

Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102

Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:

(30)(a) provide personal protection;

(30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;

(30)(c) obtain services necessary for health, safety, or welfare;

(30)(d) carry out the activities of daily living;

(30)(e) manage the adult's own financial resources; or

(30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201

Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301

Without merit: means a finding that abuse, neglect, or exploitation did not occur. See Utah Code 26B-6-201

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