Terms Used In Utah Code > Title 34A > Chapter 3 > Part 2 - Presumptions for First Responders

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual who is:
       (1)(a) at least 18 years old; or
       (1)(b) an emancipated minor. See Utah Code 75-2a-103
• Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
• APRN: means an individual who is:
       (4)(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
       (4)(b) an independent practitioner; and
       (4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
       (5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;
       (5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;
       (5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;
       (5)(d) the effect of the treatment on the life expectancy of the individual;
       (5)(e) the prognosis of the individual for recovery with and without the treatment;
       (5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
       (5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
• Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default surrogate: means the adult who may make decisions for an individual when either:
       (8)(a) an agent or guardian has not been appointed; or
       (8)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
• 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.
• First responder: means :
            (1)(b)(i) a first responder as defined in Section 34A-2-102;
            (1)(b)(ii) an individual employed by:

                 (1)(b)(ii)(A) a health care facility as defined in Section 26B-2-201;

                 (1)(b)(ii)(B) an office of a physician, chiropractor, or dentist;

                 (1)(b)(ii)(C) a nursing home;

                 (1)(b)(ii)(D) a retirement facility;

                 (1)(b)(ii)(E) a home health care provider;

                 (1)(b)(ii)(F) a pharmacy;

                 (1)(b)(ii)(G) a facility that performs laboratory or medical testing on human specimens; or

                 (1)(b)(ii)(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
            (1)(b)(iii) an individual employed by, working with, or working at the direction of a local health department; or
            (1)(b)(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201
• 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: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section Utah Code 75-1-201 v2
• Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
• Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
       (13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
       (13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
       (13)(c) the ability to communicate a decision. See Utah Code 75-2a-103
• Health care facility: means :
       (14)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (14)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103
• Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75-2a-103
• Incapacity: means incapacitated. See Utah Code 75-1-201 v2
• Intestate: Dying without leaving a will.
• Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 75-2a-103
• Minor: means an individual who:
       (18)(a) is under 18 years old; and
       (18)(b) is not an emancipated minor. See Utah Code 75-2a-103
• Order for life sustaining treatment: means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 75-2a-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. See Utah Code 75-2a-103
• Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
• Person: means an individual or an organization. See Utah Code 75-1-201 v2
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
• Physician: means an individual licensed under:
            (1)(c)(i) Title 58, Chapter 67, Utah Medical Practice Act;
            (1)(c)(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
            (1)(c)(iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
            (1)(c)(iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-3-201
• Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
• Reasonably available: means :
       (21)(a) readily able to be contacted without undue effort; and
       (21)(b) willing and able to act in a timely manner considering the urgency of the circumstances. See Utah Code 75-2a-103
• Sign: means , with present intent to authenticate or adopt a record other than a will:
       (51)(a) to execute or adopt a tangible symbol; or
       (51)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 75-1-201 v2
• 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: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
• Substituted judgment: means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:
       (22)(a) specific preferences expressed by the adult:

            (22)(a)(i) when the adult had the capacity to make health care decisions; and

            (22)(a)(ii) at the time the decision is being made;
       (22)(b) the surrogate's understanding of the adult's health care preferences;
       (22)(c) the surrogate's understanding of what the adult would have wanted under the circumstances; and
       (22)(d) to the extent that the preferences described in Subsections (22)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75-2a-103
• Surrogate: means a health care decision maker who is:
       (23)(a) an appointed agent;
       (23)(b) a default surrogate under the provisions of Section 75-2a-108; or
       (23)(c) a guardian. See Utah Code 75-2a-103
• Trust: includes :
            (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
            (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
            (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
• Utah minimum wage: means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act. See Utah Code 34A-3-201
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5