Terms Used In Utah Code > Title 53G > Chapter 9 - Health and Welfare

• Abusive conduct: means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. See Utah Code 53G-9-601
• Action plan: means a process to address an incident as described in Section Utah Code 53G-9-601
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Allegation: something that someone says happened.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the Utah Natural Resources Legacy Fund Board created in Section 23A-3-305. See Utah Code 23A-3-301
• Bullying: means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of:
       (3)(a) causing physical or emotional harm to the school employee or student;
       (3)(b) causing damage to the school employee's or student's property;
       (3)(c) placing the school employee or student in reasonable fear of:

            (3)(c)(i) harm to the school employee's or student's physical or emotional well-being; or

            (3)(c)(ii) damage to the school employee's or student's property;
       (3)(d) creating a hostile, threatening, humiliating, or abusive educational environment due to:

            (3)(d)(i) the pervasiveness, persistence, or severity of the actions; or

            (3)(d)(ii) a power differential between the bully and the target; or
       (3)(e) substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. See Utah Code 53G-9-601
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• Communication: means the conveyance of a message, whether verbal, written, or electronic. See Utah Code 53G-9-601
• Contract: A legal written agreement that becomes binding when signed.
• Cyber-bullying: means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. See Utah Code 53G-9-601
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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 Natural Resources. See Utah Code 23A-1-101
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazing: means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
            (6)(a)(i)

                 (6)(a)(i)(A) endangers the mental or physical health or safety of a school employee or student;

                 (6)(a)(i)(B) involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;

                 (6)(a)(i)(C) involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or

                 (6)(a)(i)(D) involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
            (6)(a)(ii)

                 (6)(a)(ii)(A) is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or

                 (6)(a)(ii)(B) is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. See Utah Code 53G-9-601
• Health official: means an individual designated by a local health department from within the local health department to consult and counsel parents and licensed health care providers, in accordance with Subsection 53G-9-304(2)(a). See Utah Code 53G-9-301
• Health official designee: means a licensed health care provider designated by a local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with parents, licensed health care professionals, and school officials. See Utah Code 53G-9-301
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Immunization record: means a record relating to a student that includes:
       (5)(a) information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by:

            (5)(a)(i) a licensed health care provider;

            (5)(a)(ii) an authorized representative of a local health department;

            (5)(a)(iii) an authorized representative of the department;

            (5)(a)(iv) a registered nurse; or

            (5)(a)(v) a pharmacist;
       (5)(b) information regarding each disease against which the student has been immunized by previously contracting the disease; and
       (5)(c) an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section 53G-9-303. See Utah Code 53G-9-301
• immunize: means a process through which an individual develops an immunity to a disease, through vaccination or natural exposure to the disease. See Utah Code 53G-9-301
• Incident: means an incident of bullying, cyber-bullying, hazing, or retaliation that is prohibited under this part. See Utah Code 53G-9-601
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-9-601
• Legacy: A gift of property made by will.
• Legacy fund: means the Utah Natural Resources Legacy Fund created in Section 23A-3-304. See Utah Code 23A-3-301
• Legally responsible individual: means :
       (6)(a) a student's parent;
       (6)(b) the student's legal guardian;
       (6)(c) an adult brother or sister of a student who has no legal guardian; or
       (6)(d) the student, if the student:

            (6)(d)(i) is an adult; or

            (6)(d)(ii) is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301
• Licensed health care provider: means a health care provider who is licensed under Title 58, Occupations and Professions, as:
       (7)(a) a medical doctor;
       (7)(b) an osteopathic doctor;
       (7)(c) a physician assistant; or
       (7)(d) an advanced practice registered nurse. See Utah Code 53G-9-301
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 53G-9-301
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• 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
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• Policy: means an LEA governing board policy described in Section 53G-9-605. See Utah Code 53G-9-601
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
            (38)(a)(i) are propagated or kept for a private noncommercial purpose; and
            (38)(a)(ii) may be taken without a fishing license. See Utah Code 23A-1-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Public education suicide prevention coordinator: means the public education suicide prevention coordinator described in Section 53G-9-702. See Utah Code 53G-9-601
• Quorum: The number of legislators that must be present to do business.
• 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.
• Required vaccines: means vaccines required by department rule described in Section 53G-9-305. See Utah Code 53G-9-301
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• School: means any public or private:
            (10)(a)(i) elementary or secondary school through grade 12;
            (10)(a)(ii) preschool;
            (10)(a)(iii) child care program, as that term is defined in Section 26B-2-401;
            (10)(a)(iv) nursery school; or
            (10)(a)(v) kindergarten. See Utah Code 53G-9-301
• School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601
• School employee: means an individual working in the individual's official capacity as:
       (13)(a) a school teacher;
       (13)(b) a school staff member;
       (13)(c) a school administrator; or
       (13)(d) an individual:

            (13)(d)(i) who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and

            (13)(d)(ii) who works on a school campus. See Utah Code 53G-9-601
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• Short-term fishing event: means an event when:
       (49)(a) privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and
       (49)(b) no fee is charged as a requirement to fish. See Utah Code 23A-1-101
• 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 suicide prevention coordinator: means the state suicide prevention coordinator described in Section 26B-5-611. See Utah Code 53G-9-601
• State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53G-9-601
• Student: means an individual who attends a school. See Utah Code 53G-9-301
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• vaccination: means the administration of a vaccine. See Utah Code 53G-9-301
• Vaccination exemption form: means a form, described in Section 53G-9-304, that documents and verifies that a student is exempt from the requirement to receive one or more required vaccines. See Utah Code 53G-9-301
• Vaccine: means the substance licensed for use by the United States Food and Drug Administration that is injected into or otherwise administered to an individual to immunize the individual against a communicable disease. See Utah Code 53G-9-301
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Wildlife parts: means biological material derived from the body or anatomy of wildlife, including:
       (63)(a) an antler or horn;
       (63)(b) a hide;
       (63)(c) a bone; or
       (63)(d) meat. See Utah Code 23A-1-101
• 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