Terms Used In Utah Code > Title 26B > Chapter 6 > Part 4 - Division of Services for People with Disabilities

• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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
• 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
• 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 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
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
• 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
• 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.
• 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}
• 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.
• furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3
• 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
• 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.
• 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
• 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
• Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3
• 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 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 :
       (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 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
• 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
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401
• 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
• 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
• Statute: A law passed by a legislature.
• Sustainability fund: means the Utah State Developmental Center Long-Term Sustainability Fund created in Section 26B-1-331. See Utah Code 26B-6-401
• 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
• Trustee: A person or institution holding and administering property in trust.
• 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