Terms Used In Utah Code > Title 26B > Chapter 8 > Part 1 - Vital Statistics

• Ablative procedure: means a procedure that is expected to excise, vaporize, disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium: YAG lasers. See Utah Code 58-67-102
• ACGME: means the Accreditation Council for Graduate Medical Education of the American Medical Association. See Utah Code 58-67-102
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrative penalty: means a monetary fine or citation imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, in accordance with a fine schedule established by the division in collaboration with the board, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-67-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
• 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.
• Agreement for services: means a written and signed agreement between a security service provider and a client that:
       (1)(a) contains clear language that addresses and assigns financial responsibility;
       (1)(b) describes the length, duties, and scope of the security services that will be provided; and
       (1)(c) describes the compensation that will be paid by the client for the security services, including the compensation for each security officer. See Utah Code 58-63-102
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Armed private security officer: means an individual:
       (3)(a) employed by a contract security company;
       (3)(b) whose primary duty is:

            (3)(b)(i) guarding personal or real property; or

            (3)(b)(ii) providing protection or security to the life and well being of humans or animals; and
       (3)(c) who wears, carries, possesses, or has immediate access to a firearm in the performance of the individual's duties. See Utah Code 58-63-102
• Armored car company: means a person engaged in business under contract to others who transports or offers to transport tangible personal property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or any other high value items, that require secured delivery from one place to another under the control of an armored car security officer employed by the company using a specially equipped motor vehicle offering a high degree of security. See Utah Code 58-63-102
• Armored car security officer: means an individual:
       (5)(a) employed by an armored car company;
       (5)(b) whose primary duty is to guard the tangible property, currency, valuables, jewelry, SNAP benefits as defined in Section 35A-1-102, or other high value items that require secured delivery from one place to another; and
       (5)(c) who wears, carries, possesses, or has immediate access to a firearm in the performance of the individual's duties. See Utah Code 58-63-102
• Arrest: Taking physical custody of a person by lawful authority.
• Assess: means the use of diagnostic procedures, tests, and interview techniques generally accepted as standard in mental health therapy to diagnose any condition related to mental, emotional, behavioral, and social disorders or dysfunctions. See Utah Code 58-60-302
• Associate physician: means an individual licensed under Section Utah Code 58-67-102
• Attempted sex change: means an attempt or effort to change an individual's body to present that individual as being of a sex or gender that is different from the individual's biological sex at birth. See Utah Code 58-67-102
• Biological sex at birth: means an individual's sex, as being male or female, according to distinct reproductive roles as manifested by:
       (6)(a) sex and reproductive organ anatomy;
       (6)(b) chromosomal makeup; and
       (6)(c) endogenous hormone profiles. See Utah Code 58-67-102
• Biological sex at birth: means an individual's sex, as being male or female,

  according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101

• Board: means the Behavioral Health Board created in Section Utah Code 58-60-102
• Board: means the Behavioral Health Board created in Section Utah Code 58-61-102
• Board: means the Security Services Licensing Board created in Section 58-63-201. See Utah Code 58-63-102
• Board: means the Physicians Licensing Board created in Section 58-67-201. See Utah Code 58-67-102
• Certified nurse midwife: means an individual who:
       (3)(a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife Practice Act; and
       (3)(b) has completed an education program regarding the completion of a certificate of death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Client: means a person, company, or entity that contracts for and receives security services from a contract security company or an armored car company. See Utah Code 58-63-102
• 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
• Collaborative practice arrangement: means the arrangement described in Section 58-67-807. See Utah Code 58-67-102
• Company officer: means :
       (9)(a) a governing person, as defined in Section 48-3a-102, of an armored car company or contract security company;
       (9)(b) an individual appointed as an officer of an armored car company or contract security company that is a corporation in accordance with Section 16-10a-830;
       (9)(c) a general partner, as defined in Section 48-2e-102, of an armored car company or contract security company; or
       (9)(d) a partner, as defined in Section 48-1d-102, of an armored car company or contract security company. See Utah Code 58-63-102
• Company owner: means :
       (10)(a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an armored car company or contract security company that:

            (10)(a)(i) is a corporation; and

            (10)(a)(ii) is not publicly listed or traded; or
       (10)(b) an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an armored car company or contract security company that is not a corporation. See Utah Code 58-63-102
• Company proprietor: means the sole proprietor of an armored car company or contract security company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code. See Utah Code 58-63-102
• 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
• Confidential communication: means information, including information obtained by the psychologist's examination of the client or patient, which is:
       (3)(a)

            (3)(a)(i) transmitted between the client or patient and a psychologist in the course of that relationship; or

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

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

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

            (3)(b)(iii) participating in the diagnosis and treatment of the client or patient under the direction of the psychologist. See Utah Code 58-61-102
• Confidential communication: means information obtained by an individual licensed or registered under this part, including information obtained by the individual's observation of or interview with the client, patient, or authorized agent, which is:
       (1)(a)

            (1)(a)(i) transmitted between the client, patient, or authorized agent and an individual licensed or registered under this part in the course of that relationship; or

            (1)(a)(ii) transmitted among the client, patient, or authorized agent, an individual licensed or registered under this part, and individuals who are participating in the assessment or treatment in conjunction with an individual licensed or registered under this part, including the authorized agent or members of the client's or patient's family; and
       (1)(b) made in confidence, for the assessment or treatment of the client or patient by the individual who is licensed or registered under this part, and by a means not intended to be disclosed to a third party other than an individual:

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

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

            (1)(b)(iii) participating in the assessment and treatment of the client or patient in conjunction with the behavior analyst or behavior specialist. See Utah Code 58-61-702
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract security company: means a company that is engaged in business to provide security services to another person, business, or entity on a contractual basis by assignment of an armed or unarmed private security officer. See Utah Code 58-63-102
• 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.
• Cosmetic medical device: means tissue altering energy based devices that have the potential for altering living tissue and that are used to perform ablative or nonablative procedures, such as American National Standards Institute (ANSI) designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices, and excludes ANSI designated Class IIIa and lower powered devices. See Utah Code 58-67-102
• Cosmetic medical procedure: includes :
            (11)(a)(i) includes the use of cosmetic medical devices to perform ablative or nonablative procedures; or
            (11)(a)(ii) the injection of medication or substance, including a neurotoxin or a filler, for cosmetic purposes. See Utah Code 58-67-102
• Counseling: includes :
            (1)(b)(i) methods that are sensitive to an individual client's characteristics, to the influence of significant others, and to the client's cultural and social context; and
            (1)(b)(ii) an understanding, appreciation, and ability to appropriately use the contributions of various addiction counseling models as the counseling models apply to modalities of care for individuals, groups, families, couples, and significant others. See Utah Code 58-60-502
• Cryolipolysis: means a nonablative fat reduction procedure that uses cold temperature to reduce fat deposits in certain areas of the body. See Utah Code 58-1-102
• Custodial funeral service director: means a funeral service director who:
       (4)(a) is employed by a licensed funeral establishment; and
       (4)(b) has custody of a dead body. See Utah Code 26B-8-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
• Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
       (7)(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and
       (7)(b) that was not born alive. See Utah Code 26B-8-101
• Decedent: A deceased person.
• Decedent: means the same as a dead body. See Utah Code 26B-8-101
• Deception detection examination: means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception. See Utah Code 58-64-102
• Deception detection examination administrator: means an individual who engages in or represents that the individual is engaged in:
       (2)(a) conducting or administering a deception detection examination using a software application designed for detecting deception without intervention from the examination administrator; or
       (2)(b) the interpretation of deception detection examination results derived from a software application designed for detecting deception. See Utah Code 58-64-102
• Deception detection examiner: means an individual who engages in or represents that the individual is engaged in conducting or performing deception detection examinations or in the interpretation of deception detection examinations. See Utah Code 58-64-102
• Deception detection intern: means an individual who engages in deception detection examinations under the supervision and control of a deception detection examiner for the purpose of training and qualification as a deception detection examiner. See Utah Code 58-64-102
• Declarant father: means a male who claims to be the genetic father of a child, and, along with the biological mother, signs a voluntary declaration of paternity to establish the child's paternity. See Utah Code 26B-8-101
• 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.
• Designated examiner: means the same as that term is defined in Section 26B-5-301. See Utah Code 58-60-102
• Diagnose: means :
       (12)(a) to examine in any manner another person, parts of a person's body, substances, fluids, or materials excreted, taken, or removed from a person's body, or produced by a person's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition;
       (12)(b) to attempt to conduct an examination or determination described under Subsection (12)(a);
       (12)(c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (12)(a); or
       (12)(d) to make an examination or determination as described in Subsection (12)(a) upon or from information supplied directly or indirectly by another person, whether or not in the presence of the person making or attempting the diagnosis or examination. See Utah Code 58-67-102
• 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
• Direct supervision: means :
       (2)(a) a minimum of one hour of supervision by a supervisor of the substance use disorder counselor for every 40 hours of client care provided by the substance use disorder counselor, which supervision may include group supervision;
       (2)(b) the supervision is conducted in a face-to-face manner, unless otherwise approved on a case-by-case basis by the division in collaboration with the board; and
       (2)(c) a supervisor is available for consultation with the counselor at all times. See Utah Code 58-60-502
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Dispositioner: means :
       (9)(a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
       (9)(b) the next of kin of the decedent, if:

            (9)(b)(i)

                 (9)(b)(i)(A) a person has not been designated as described in Subsection (9)(a); or

                 (9)(b)(i)(B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and

            (9)(b)(ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101
• 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
• 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 of Commerce. See Utah Code 58-1-102
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fetal remains: means :
       (10)(a) an aborted fetus as that term is defined in Section 26B-2-232; or
       (10)(b) a miscarried fetus as that term is defined in Section 26B-2-233. See Utah Code 26B-8-101
• File: means the submission of a completed certificate or other similar document, record, or report as provided under this part for registration by the state registrar or a local registrar. See Utah Code 26B-8-101
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• Group supervision: means more than one counselor licensed under this part meets with the supervisor at the same time. See Utah Code 58-60-502
• 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: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101
• Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-60-601
• Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Human services program: means the same as that term is defined in Section 26B-2-101. See Utah Code 58-60-601
• Hypnosis: means , regarding individuals exempted from licensure under this chapter, a process by which one 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 58-61-102
• Individual: means a natural person. See Utah Code 58-60-102
• Individual: means a natural person. See Utah Code 58-61-102
• Instrument: means a polygraph, voice stress analyzer, ocular-motor test, or any other device or software application that records the examinee's cardiovascular patterns, respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall, or other physiologic characteristics of the examinee for the purpose of monitoring factors relating to whether the examinee is truthful or engaged in deception. See Utah Code 58-64-102
• Intersex individual: means an individual who:
       (15)(a) is born with external biological sex characteristics that are irresolvably ambiguous;
       (15)(b) is born with 46, XX chromosomes with virilization;
       (15)(c) is born with 46, XY chromosomes with undervirilization;
       (15)(d) has both ovarian and testicular tissue; or
       (15)(e) has been diagnosed by a physician, based on genetic or biochemical testing, with

  abnormal:

            (15)(e)(i) sex chromosome structure;

            (15)(e)(ii) sex steroid hormone production; or

            (15)(e)(iii) sex steroid hormone action for a male or female. See Utah Code 26B-8-101
• 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.
• Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 58-63-102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• LCME: means the Liaison Committee on Medical Education of the American Medical Association. See Utah Code 58-67-102
• 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.
• Licensed assistant behavior analyst: means an individual licensed under this part to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. See Utah Code 58-61-702
• Licensed behavior analyst: means an individual licensed under this part to engage in the practice of behavior analysis. See Utah Code 58-61-702
• Licensed funeral establishment: means :
       (16)(a) if located in Utah, a funeral service establishment, as that term is defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or
       (16)(b) if located in a state, district, or territory of the United States other than Utah, a funeral service establishment that complies with the licensing laws of the jurisdiction where the establishment is located. See Utah Code 26B-8-101
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live birth: means the birth of a child who shows evidence of life after the child is entirely outside of the mother. See Utah Code 26B-8-101
• Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Medical assistant: means an unlicensed individual who may perform tasks as described in Subsection 58-67-305(6). See Utah Code 58-67-102
• 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 health therapist: means an individual licensed under this title as a:
       (6)(a) physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
       (6)(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
       (6)(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;
       (6)(d) psychologist qualified to engage in the practice of mental health therapy;
       (6)(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;
       (6)(f) clinical social worker;
       (6)(g) certified social worker;
       (6)(h) marriage and family therapist;
       (6)(i) an associate marriage and family therapist;
       (6)(j) a clinical mental health counselor; or
       (6)(k) an associate clinical mental health counselor. See Utah Code 58-61-102
• 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
• 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 (6). See Utah Code 58-61-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Nonablative procedure: means a procedure that is expected or intended to alter living tissue, but is not intended or expected to excise, vaporize, disintegrate, or remove living tissue. See Utah Code 58-67-102
• Nurse practitioner: means an individual who:
       (19)(a) is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; and
       (19)(b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
• 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 Vital Records and Statistics within the department. See Utah Code 26B-8-101
• 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
• patient: means an individual who consults or is examined or interviewed by a psychologist acting in his professional capacity. See Utah Code 58-61-102
• Peace officer: means a person who:
       (16)(a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications; and
       (16)(b) derives total or special law enforcement powers from, and is an employee of, the federal government, the state, or a political subdivision, agency, department, branch, or service of either, of a municipality, or a unit of local government. See Utah Code 58-63-102
• 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 property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Physician: means both physicians and surgeons licensed under Section 58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-67-102
• Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
• Physician assistant: means an individual who:
       (22)(a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; and
       (22)(b) has completed an education program regarding the completion of a certificate of death developed by the department by administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 26B-8-101
• Practice as a behavioral health coach: means , subject to Subsection (5), providing services as an employee of a substance use disorder or mental health agency, and working under the general supervision of a mental health therapist and includes:
       (4)(a) providing services under the definition of practice as a behavioral health technician in Subsection (6);
       (4)(b) conducting administrative and care coordination activities, including:

            (4)(b)(i) providing targeted case management;

            (4)(b)(ii) providing care navigation services, including:

                 (4)(b)(ii)(A) connecting individuals to behavioral health resources and social services; and

                 (4)(b)(ii)(B) facilitating communication with other behavioral health providers;

            (4)(b)(iii) providing referrals and crisis referrals, including:

                 (4)(b)(iii)(A) engaging in warm handoffs with other behavioral health providers; and

                 (4)(b)(iii)(B) adhering to a standardized protocol in responding to a crisis or risk of crisis within a behavioral health facility, program, or other entity;

            (4)(b)(iv) providing additional support to other behavioral health providers, facilities, programs, and entities, including:

                 (4)(b)(iv)(A) conducting administrative activities; and

                 (4)(b)(iv)(B) extending non-clinical behavioral health support; and

            (4)(b)(v) providing discharge, post-treatment referral, and non-clinical after-care services;
       (4)(c) conducting patient assessment, monitoring, and planning activities, including:

            (4)(c)(i) conducting non-clinical psychosocial assessments and screenings;

            (4)(c)(ii) conducting collaborative planning, care planning, and goal setting;

            (4)(c)(iii) gathering information to inform a mental health therapist's:

                 (4)(c)(iii)(A) diagnostic evaluations;

                 (4)(c)(iii)(B) initial treatment plans; and

                 (4)(c)(iii)(C) treatment plan reviews and updates;

            (4)(c)(iv) monitoring client progress and tracking outcomes to inform a mental health therapist's:

                 (4)(c)(iv)(A) diagnostic evaluations; and

                 (4)(c)(iv)(B) treatment plan reviews and updates;

            (4)(c)(v) assisting in drafting initial treatment plans by gathering information on a client's history and demographics, only:

                 (4)(c)(v)(A) in the treatment of clients with mild to moderate behavioral health symptoms or disorders, as assessed or diagnosed by a mental health therapist, and as defined by the division in rule;

                 (4)(c)(v)(B) with completion of the treatment plan by a mental health therapist after assessing the client before treatment begins; and

                 (4)(c)(v)(C) at the discretion of and with prior documented authorization from a licensed health care facility, or from a licensed human services program; and

            (4)(c)(vi) assisting in the information gathering process of reviewing and updating treatment goals, only:

                 (4)(c)(vi)(A) in the treatment of clients with mild to moderate behavioral health symptoms or disorders, as assessed or diagnosed by a mental health therapist;

                 (4)(c)(vi)(B) with completion of the treatment plan from a mental health therapist after assessing the client before subsequent treatment begins; and

                 (4)(c)(vi)(C) at the discretion of and with prior documented authorization from a licensed health facility or a licensed human service program; and
       (4)(d) conducting intervention and treatment activities, including:

            (4)(d)(i) providing psychosocial education groups related to behavioral health literacy, wellness education and promotion, goal setting, life skills, and coping skills;

            (4)(d)(ii) providing other interventions to enhance client social skills, emotional well-being, and overall functioning, including:

                 (4)(d)(ii)(A) supportive consultations;

                 (4)(d)(ii)(B) habilitation services; and

                 (4)(d)(ii)(C) activity-based programs;

            (4)(d)(iii) providing evidence-based, manualized interventions, only:

                 (4)(d)(iii)(A) under the supervision of a mental health therapist;

                 (4)(d)(iii)(B) in the treatment of mild to moderate behavioral health symptoms or disorders, as assessed or diagnosed by a mental health therapist; and

                 (4)(d)(iii)(C) according to a treatment plan reviewed and signed by a mental health therapist; and

            (4)(d)(iv) co-facilitating group therapy with a mental health therapist. See Utah Code 58-60-601
• Practice as a behavioral health technician: means working under the general supervision of a mental health therapist and includes:
            (6)(a)(i) supporting administrative and care coordination activities, including:

                 (6)(a)(i)(A) maintaining accurate and confidential client records, progress notes, and incident reports, in compliance with applicable legal and ethical standards; and

                 (6)(a)(i)(B) assisting in discharge, referral, and after-care documentation, coordination, and administration;
            (6)(a)(ii) supporting patient non-clinical assessment, monitoring, and care planning activities, including:

                 (6)(a)(ii)(A) collecting intake and non-clinical psychosocial assessment information;

                 (6)(a)(ii)(B) gathering information to support diagnostic and treatment planning activities conducted by a mental health therapist; and

                 (6)(a)(ii)(C) observing, documenting, and reporting on client behaviors, treatment interventions, progress, and outcomes to a mental health therapist;
            (6)(a)(iii) supporting intervention and treatment activities, including:

                 (6)(a)(iii)(A) supporting licensed professionals in implementing interventions designed to address behavioral health issues;

                 (6)(a)(iii)(B) facilitating psychoeducational groups or activities, development skills or activities, or social support groups or activities to enhance client social skills, emotional well-being, and overall functioning;

                 (6)(a)(iii)(C) providing education and support to clients and their families on behavioral health issues, treatment options, and community resources;

                 (6)(a)(iii)(D) implementing behavioral management strategies including de-escalation techniques and crisis intervention as needed; and

                 (6)(a)(iii)(E) implementing crisis intervention strategies in accordance with established protocols, and ensuring the safety and well-being of clients during emergencies. See Utah Code 58-60-601
• Practice as a master addiction counselor: means the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by:
       (7)(a) the application of generally recognized substance use disorder counseling and addiction counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior; and
       (7)(b) the supervision of an advanced substance use disorder counselor or a substance use disorder counselor. See Utah Code 58-60-502
• Practice of behavior analysis: means the design and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior and includes the following:
            (4)(a)(i) the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis;
            (4)(a)(ii) interventions based on scientific research and the direct observation and measurement of behavior and environment; and
            (4)(a)(iii) utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. See Utah Code 58-61-702
• practice of clinical mental health counseling: means the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by the application of generally recognized clinical mental health counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior. See Utah Code 58-60-402
• Practice of marriage and family therapy: includes :
       (2)(a) the process of providing professional mental health therapy including psychotherapy to individuals, couples, families, or groups;
       (2)(b) utilizing established principles that recognize the interrelated nature of individual problems and dysfunctions in family members to assess, diagnose, and treat mental, emotional, and behavioral disorders;
       (2)(c) individual, premarital, relationship, marital, divorce, and family therapy;
       (2)(d) specialized modes of treatment for the purpose of diagnosing and treating mental, emotional, and behavioral disorders, modifying interpersonal and intrapersonal dysfunction, and promoting mental health; and
       (2)(e) assessment utilized to develop, recommend, and implement appropriate plans of treatment, dispositions, and placement related to the functioning of the individual, couple, family, or group. See Utah Code 58-60-302
• Practice of medicine: means :
            (19)(a)(i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, including to perform cosmetic medical procedures, or to attempt to do so, by any means or instrumentality, and by an individual in Utah or outside the state upon or for any human within the state;
            (19)(a)(ii) when a person not licensed as a physician directs a licensee under this chapter to withhold or alter the health care services that the licensee has ordered;
            (19)(a)(iii) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
            (19)(a)(iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "doctor" "doctor of medicine" "physician" "surgeon" "physician and surgeon" "Dr. See Utah Code 58-67-102
• 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
• Practice of mental health therapy: means the treatment or prevention of mental illness, whether in person or remotely, including:
       (8)(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder;
       (8)(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (6);
       (8)(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and
       (8)(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 (6). See Utah Code 58-61-102
• Practice of mental health therapy: means the same as that term is defined in Section 58-60-102. See Utah Code 58-60-601
• Practice of psychology: includes :
            (9)(a)(i) the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by the application of generally recognized professional psychological 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;
            (9)(a)(ii) the observation, description, evaluation, interpretation, or modification of human behavior by the application of generally recognized professional principles, methods, or procedures requiring the education, training, and clinical experience of a psychologist, for the purpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health;
            (9)(a)(iii) psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;
            (9)(a)(iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis, and behavior analysis and therapy;
            (9)(a)(v) diagnosis and treatment of mental and emotional disorders of disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; and
            (9)(a)(vi) psychoeducational evaluation, therapy, remediation, and consultation. See Utah Code 58-61-102
• 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.
• Presumed father: means the father of a child conceived or born during a marriage as defined in Section Utah Code 26B-8-101
• Primary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
            (22)(a)(i) for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty;
            (22)(a)(ii) for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or
            (22)(a)(iii) any surgical procedure that is related to or necessary for a procedure described in Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. See Utah Code 58-67-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means a substance use disorder agency that provides substance use disorder services, including recovery support services. See Utah Code 58-60-502
• 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.
• Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• Recovery support services: means services provided to an individual who is identified as having need of substance use disorder preventive or treatment services, either before, during, or after an episode of care that meets the level of care standards established by division rule. See Utah Code 58-60-502
• register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
• Registered assistant behavior specialist: means an individual who:
       (5)(a) is employed:

            (5)(a)(i) as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services;

            (5)(a)(ii) to provide behavior analysis; and

            (5)(a)(iii) on or before May 15, 2015;
       (5)(b) limits the practice of behavior analysis to the contract described in Subsection (5)(a)(i); and
       (5)(c) is registered under this part with the division to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. See Utah Code 58-61-702
• Registered behavior specialist: means an individual who:
       (6)(a) is employed:

            (6)(a)(i) as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services to provide behavior analysis; and

            (6)(a)(ii) on or before May 15, 2015;
       (6)(b) limits the practice of behavior analysis to the contract described in Subsection (6)(a)(i); and
       (6)(c) is registered under this part with the division to engage in the practice of behavior analysis. See Utah Code 58-61-702
• Regular basis: means at least 20 hours per month. See Utah Code 58-63-102
• 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.
• 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
• 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 58-61-102
• Responsible management personnel: means :
       (18)(a) a qualifying agent;
       (18)(b) an operations manager; or
       (18)(c) a site manager. See Utah Code 58-63-102
• Secondary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
            (23)(a)(i) for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or
            (23)(a)(ii) for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. See Utah Code 58-67-102
• Security officer: means an individual who is licensed as an armed or unarmed private security officer under this chapter and who:
            (19)(a)(i) is employed by a contract security company securing, guarding, or otherwise protecting tangible personal property, real property, or the life and well being of human or animal life against:

                 (19)(a)(i)(A) trespass or other unlawful intrusion or entry;

                 (19)(a)(i)(B) larceny;

                 (19)(a)(i)(C) vandalism or other abuse;

                 (19)(a)(i)(D) arson or other criminal activity; or

                 (19)(a)(i)(E) personal injury caused by another person or as a result of an act or omission by another person;
            (19)(a)(ii) is controlling, regulating, or directing the flow of movements of an individual or vehicle; or
            (19)(a)(iii) providing street patrol service. See Utah Code 58-63-102
• Security service provider: means a contract security company or an armored car company licensed under this chapter. See Utah Code 58-63-102
• Security system: means equipment, a device, or an instrument installed for:
       (21)(a) detecting and signaling entry or intrusion by an individual into or onto, or exit from the premises protected by the system; or
       (21)(b) signaling the commission of criminal activity at the election of an individual having control of the features of the security system. See Utah Code 58-63-102
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
• Statute: A law passed by a legislature.
• Street patrol service: means a contract security company that provides patrols by means of foot, vehicle, or other method of transportation using public streets, thoroughfares, or property in the performance of the company's duties and responsibilities. See Utah Code 58-63-102
• Substance use disorder agency: means a public or private agency, health care facility, or health care practice that:
       (12)(a) provides substance use disorder services, recovery support services, primary health care services, or substance use disorder preventive services; and
       (12)(b) employs qualified mental health therapists in sufficient number to:

            (12)(b)(i) evaluate the condition of clients being treated by each counselor licensed under this part and employed by the substance use disorder agency; and

            (12)(b)(ii) ensure that appropriate substance use disorder services are being given. See Utah Code 58-60-502
• Substance use disorder education program: means a formal program of substance use disorder education offered by an accredited institution of higher education that meets standards established by division rule. See Utah Code 58-60-502
• Summons: Another word for subpoena used by the criminal justice system.
• Superficial procedure: means a procedure that is expected or intended to temporarily alter living skin tissue and may excise or remove stratum corneum but have no appreciable risk of damage to any tissue below the stratum corneum. See Utah Code 58-1-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Unarmed private security officer: means an individual:
       (24)(a) employed by a contract security company;
       (24)(b) whose primary duty is guarding personal or real property or providing protection or security to the life and well being of humans or animals;
       (24)(c) who does not wear, carry, possess, or have immediate access to a firearm in the performance of the individual's duties; and
       (24)(d) who wears clothing of distinctive design or fashion bearing a symbol, badge, emblem, insignia, or other device that identifies the individual as a security officer. See Utah Code 58-63-102
• 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 58-61-501. See Utah Code 58-61-102
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-63-501. See Utah Code 58-63-102
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-67-501. See Utah Code 58-67-102
• unlawful conduct: includes :
  (1) practice of behavior analysis unless licensed as a behavior analyst or assistant behavior analyst under this part, registered as a behavior specialist or assistant behavior specialist, or exempted from licensure or registration under this title; or
  (2) representing oneself as or using the title of licensed behavior analyst or licensed assistant behavior analyst unless currently licensed under this part. See Utah Code 58-61-709
• Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-61-502, and may be further defined by division rule. See Utah Code 58-61-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-63-502 and as may be further defined by rule. See Utah Code 58-63-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-67-502, and as may be further defined by division rule. See Utah Code 58-67-102
• unprofessional conduct: includes :
  (1) using or employing the services of any individual to assist a licensed behavior analyst, licensed assistant behavior analyst, registered behavior specialist, or registered assistant behavior specialist in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession for which the individual is licensed or the laws of the state, including:

       (1)(a) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring compliance with the requirements of administrative rule adopted by the division;

       (1)(b) engaging in and aiding or abetting conduct or practices that are false, dishonest, deceptive, or fraudulent;

       (1)(c) engaging in or aiding or abetting deceptive or fraudulent billing practices;

       (1)(d) failing to establish and maintain appropriate professional boundaries with a client or former client;

       (1)(e) engaging in or promising a personal, scientific, professional, financial, or other relationship with a client if it appears likely that such a relationship reasonably might impair the behavior analyst's or registered behavior specialist's objectivity or might harm or exploit the client;

       (1)(f) engaging in sexual activities or sexual contact with a client with or without client consent;

       (1)(g) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services;

       (1)(h) engaging in sexual activities or sexual contact at any time with a former client who is especially vulnerable or susceptible to being disadvantaged because of the client's personal history, current mental status, or any condition that could reasonably be expected to place the client at a disadvantage, recognizing the power imbalance that exists or may exist between the behavior analyst or registered behavior specialist and the client;

       (1)(i) engaging in or aiding or abetting sexual harassment or any conduct that is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

       (1)(j) exploiting a client for personal gain;

       (1)(k) using a professional client relationship to exploit a client or other person for personal gain;

       (1)(l) failing to maintain appropriate client records for a period of not less than seven years from the documented termination of services to the client;

       (1)(m) failing to obtain informed consent from the client or legal guardian before taping, recording, or permitting third party observations of client care or records;

       (1)(n) failing to cooperate with the division during an investigation;

       (1)(o) using the abbreviated title of LBA unless licensed in the state as a behavior analyst;

       (1)(p) using the abbreviated title of LaBA unless licensed in the state as an assistant behavior analyst;

       (1)(q) failing to make reasonable efforts to notify a client and seek the transfer or referral of services, according to the client's needs or preferences, when a behavior analyst anticipates the interruption or termination of services to a client;

       (1)(r) failing to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, according to the client's needs and preferences;

       (1)(s) failing to make reasonable steps to avoid abandoning a client who is still in need of services;

       (1)(t) failing to report conviction of a felony or misdemeanor directly relating to the practice of behavior analysis or public health and safety;

       (1)(u) failing to report revocation or suspension of certification from the Behavior Analyst Certification Board; and

       (1)(v) failure to confine practice conduct to those acts or practices in which the individual is competent by education, training, and experience within limits of education, training, and experience; and
  (2) other conduct as further defined by administrative rule adopted by the division. See Utah Code 58-61-710
• Venue: The geographical location in which a case is tried.
• Vital records: means :
       (26)(a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
       (26)(b) amendments to any of the registered certificates or reports described in Subsection (26)(a);
       (26)(c) an adoption document; and
       (26)(d) other similar documents. See Utah Code 26B-8-101
• Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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