Terms Used In Utah Code > Title 26B > Chapter 7 > Part 5 - Regulation of Smoking, Tobacco Products, and Nicotine Products

• 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
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Board: means the Behavioral Health Board created in Section Utah Code 58-60-102
• Board: means the Respiratory Care Licensing Board created in Section 58-57-3. See Utah Code 58-57-2
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clinical supervision: means work experience conducted under the supervision of a clinical supervisor, including:
       (3)(a) the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the course of the day-to-day job functions and work of a:

            (3)(a)(i) certified social worker;

            (3)(a)(ii) associate marriage and family therapist;

            (3)(a)(iii) associate clinical mental health counselor; or

            (3)(a)(iv) associate master addiction counselor, wherein the supervisor is available for consultation with the supervisee by personal face-to-face contact, or direct voice contact by telephone, radio, or other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged. See Utah Code 58-60-102
• Clinical supervisor: means an individual who oversees and mentors one or more mental health therapists licensed under this chapter, and who:
       (4)(a)

            (4)(a)(i) is licensed, in good standing, as a mental health therapist;

            (4)(a)(ii) is approved or certified in good standing as a supervisor by a national professional organization for social work, mental health counseling, addiction counseling, marriage and family therapy, psychology, medicine, or nursing, or other organization as approved by the division;

            (4)(a)(iii)

                 (4)(a)(iii)(A) has completed eight or more hours of supervision instruction that meets minimum standards established by the division in rule; or

                 (4)(a)(iii)(B) has completed a graduate course on clinical supervision from an accredited program;

            (4)(a)(iv) completes continuing education in clinical supervision, as established by the division in rule; and

            (4)(a)(v) provides supervision to no more than the number of individuals to whom the supervisor can reasonably provide clinical supervision by performing the duties and responsibilities of a supervisor, including:

                 (4)(a)(v)(A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable time frame;

                 (4)(a)(v)(B) providing instruction, direction, oversight, observation, evaluation, and feedback, to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to engage in the practice of behavioral health care ethically, safely, and competently; and

                 (4)(a)(v)(C) maintaining routine personal contact with the supervisee; and
       (4)(b)

            (4)(b)(i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024; and

            (4)(b)(ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027. See Utah Code 58-60-102
• Community location: means the same as that term is defined:
       (1)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential communication: means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is:
       (5)(a)

            (5)(a)(i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or

            (5)(a)(ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and
       (5)(b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:

            (5)(b)(i) present to further the interest of the client or patient in the consultation, examination, or interview;

            (5)(b)(ii) reasonably necessary for the transmission of the communications; or

            (5)(b)(iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. See Utah Code 58-60-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Direct client care: includes :
            (7)(b)(i) the practice of mental health therapy;
            (7)(b)(ii) the utilization of patient-reported progress and outcomes to inform care; and
            (7)(b)(iii) direct observation. See Utah Code 58-60-102
• Direct clinical supervision: includes group supervision. See Utah Code 58-60-102
• Direct clinical supervisor: means the clinical supervisor who has signed the supervision contract with the applicant for licensure. See Utah Code 58-60-102
• Direct observation: means observation of an applicant for licensure's live or recorded direct client care:
       (10)(a)

            (10)(a)(i) by the applicant for licensure's clinical supervisor; or

            (10)(a)(ii) by a licensee under Subsection (4)(a) who the applicant for licensure's direct clinical supervisor approves; and
       (10)(b) after which the applicant for licensure and the observer under Subsection (10)(a) meet, in-person or electronically, to discuss the direct client care for the purpose of developing the applicant for licensure's clinical knowledge and skill. See Utah Code 58-60-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
• Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• FBI Rap Back System: means the same as that term is defined in Section 53-10-108. See Utah Code 58-60-102
• Fraud: Intentional deception resulting in injury to another.
• General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
• Group supervision: means an applicant for licensure meeting with the applicant's direct clinical supervisor and at least one of the direct clinical supervisor's other supervised applicants for licensure:
       (12)(a) while the clinical supervisor and the applicants:

            (12)(a)(i) can see and openly communicate with each other; and

            (12)(a)(ii) are present in the same room or via electronic video; and
       (12)(b) for the purpose of developing the applicants' clinical knowledge and skill. See Utah Code 58-60-102
• Health care facility: means any facility or institution in which health care services are performed or furnished and includes a hospital, clinic, or emergency care center. See Utah Code 58-57-2
• Hypnosis: means , when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. See Utah Code 58-60-102
• Individual: means a natural person. See Utah Code 58-60-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
• Manufacturer sealed electronic cigarette product: means :
       (11)(a) an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or
       (11)(b) a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Mental health therapist: means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as:
       (15)(a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
       (15)(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
       (15)(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;
       (15)(d) a psychologist qualified to engage in the practice of mental health therapy;
       (15)(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;
       (15)(f) a physician assistant specializing in mental health care under Section Utah Code 58-60-102
• Mental illness: means a mental or emotional condition defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (15). See Utah Code 58-60-102
• Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Non-tobacco shisha: means any product that:
       (14)(a) does not contain tobacco or nicotine; and
       (14)(b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• patient: means an individual who consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual's professional capacity. See Utah Code 58-60-102
• Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
• 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
• Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:
       (17)(a) buildings, offices, shops, elevators, or restrooms;
       (17)(b) means of transportation or common carrier waiting rooms;
       (17)(c) restaurants, cafes, or cafeterias;
       (17)(d) taverns as defined in Section 32B-1-102, or cabarets;
       (17)(e) shopping malls, retail stores, grocery stores, or arcades;
       (17)(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
       (17)(g) barber shops, hair salons, or laundromats;
       (17)(h) sports or fitness facilities;
       (17)(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
       (17)(j)

            (17)(j)(i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and

            (17)(j)(ii) any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
       (17)(k) public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
       (17)(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families;
       (17)(m) any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
       (17)(n) any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
       (17)(o) any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and
       (17)(p) a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501
• Practice of certified social work: includes :
       (3)(a) the supervised practice of mental health therapy by a clinical social worker by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive behavior;
       (3)(b) the supervised or independent and unsupervised application of generally recognized professional social work principles and practices requiring the education, training, and experience of a certified social worker; and
       (3)(c) supervision of the practice of a social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202
• Practice of clinical social work: includes :
       (2)(a) the practice of mental health therapy by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior;
       (2)(b) the application of generally recognized psychotherapeutic and social work principles and practices requiring the education, training, and clinical experience of a clinical social worker; and
       (2)(c) supervision of the practice of a certified social worker or social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202
• Practice of mental health therapy: means treatment or prevention of mental illness, whether in person or remotely, including:
       (17)(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (15);
       (17)(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (15);
       (17)(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and
       (17)(d) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (15). See Utah Code 58-60-102
• Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratory care in the course of professional practice. See Utah Code 58-57-2
• 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.
• 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
• Proof of age: means :
            (18)(a)(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
            (18)(a)(ii) a valid identification that:

                 (18)(a)(ii)(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;

                 (18)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;

                 (18)(a)(ii)(C) includes date of birth; and

                 (18)(a)(ii)(D) has a picture affixed;
            (18)(a)(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
            (18)(a)(iv) a valid United States military identification card that:

                 (18)(a)(iv)(A) includes date of birth; and

                 (18)(a)(iv)(B) has a picture affixed; or
            (18)(a)(v) a valid passport. See Utah Code 26B-7-501
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501
• 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
• Remotely: means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. See Utah Code 58-60-102
• Respiratory care practitioner: means any person licensed to practice respiratory care under this chapter. See Utah Code 58-57-2
• Respiratory related durable medical equipment: means :
       (6)(a) medical grade oxygen;
       (6)(b) equipment and supplies related to medical gases;
       (6)(c) apnea monitors;
       (6)(d) oximeters;
       (6)(e) noninvasive positive pressure generators, except those with back-up respiratory rate or when used invasively;
       (6)(f) bilirubin lights;
       (6)(g) suctioning equipment;
       (6)(h) large volume nebulizers with compressors, except when used invasively in conjunction with an artificial airway;
       (6)(i) medication nebulizers;
       (6)(j) enteral nutrition equipment; and
       (6)(k) other respiratory related equipment intended for use in the home as defined by the division by rule. See Utah Code 58-57-2
• Retail tobacco specialty business: means the same as that term is defined:
       (20)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
• 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.
• Shisha: means any product that:
       (21)(a) contains tobacco or nicotine; and
       (21)(b) is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Smoking: means :
       (22)(a) the possession of any lighted or heated tobacco product in any form;
       (22)(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:

            (22)(b)(i) tobacco or any plant product intended for inhalation;

            (22)(b)(ii) shisha or non-tobacco shisha;

            (22)(b)(iii) nicotine;

            (22)(b)(iv) a natural or synthetic tobacco substitute; or

            (22)(b)(v) a natural or synthetic flavored tobacco product;
       (22)(c) using an electronic cigarette; or
       (22)(d) using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Tax commission license: means a license issued by the State Tax Commission under:
       (23)(a) Section 59-14-201 to sell a cigarette at retail;
       (23)(b) Section 59-14-301 to sell a tobacco product at retail; or
       (23)(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco product: means :
       (24)(a) a tobacco product as defined in Section 76-10-101; or
       (24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
• Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: is a s defined in Sections 58-1-501 and 58-60-109. See Utah Code 58-60-102
• 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 58-60-110, and may be further defined by division rule. See Utah Code 58-60-102
• 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