Terms Used In Utah Code > Title 26B > Chapter 6 > Part 8 - Rights and Privileges of Minors and Individuals with a Disability

• 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
• 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
• 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.
• Board: means the Board of Recreational Therapy created in Section 58-40-201. See Utah Code 58-40-102
• Board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-37f-102
• Business associate: is a s defined under the HIPAA privacy, security, and breach notification rules in Utah Code 58-37f-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• De-identified: is a s defined in Utah Code 58-37f-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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
• Health care facility: is a s defined in Section 26B-2-201. See Utah Code 58-37f-102
• 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
• 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
• 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
• 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.
• 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}
• 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
• Mental health therapist: is a s defined in Section 58-60-102. See Utah Code 58-37f-102
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• 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.
• 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.
• 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
• 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
• Public funds: includes :
            (12)(b)(i) Medicaid funds; and
            (12)(b)(ii) Medicaid waiver funds. See Utah Code 26B-6-101
• 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
• 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
• 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.
• 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
• 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
• 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-40-502. See Utah Code 58-40-102
• 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