Terms Used In Utah Code > Title 58 > Chapter 37c - Utah Controlled Substance Precursor Act

• Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
• Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
• Controlled substance precursor: includes a chemical reagent and means any of the following:
       (1)(a) Phenyl-2-propanone;
       (1)(b) Methylamine;
       (1)(c) Ethylamine;
       (1)(d) D-lysergic acid;
       (1)(e) Ergotamine and its salts;
       (1)(f) Diethyl malonate;
       (1)(g) Malonic acid;
       (1)(h) Ethyl malonate;
       (1)(i) Barbituric acid;
       (1)(j) Piperidine and its salts;
       (1)(k) N-acetylanthranilic acid and its salts;
       (1)(l) Pyrrolidine;
       (1)(m) Phenylacetic acid and its salts;
       (1)(n) Anthranilic acid and its salts;
       (1)(o) Morpholine;
       (1)(p) Ephedrine;
       (1)(q) Pseudoephedrine;
       (1)(r) Norpseudoephedrine;
       (1)(s) Phenylpropanolamine;
       (1)(t) Benzyl cyanide;
       (1)(u) Ergonovine and its salts;
       (1)(v) 3,4-Methylenedioxyphenyl-2-propanone;
       (1)(w) propionic anhydride;
       (1)(x) Insosafrole;
       (1)(y) Safrole;
       (1)(z) Piperonal;
       (1)(aa) N-Methylephedrine;
       (1)(bb) N-ethylephedrine;
       (1)(cc) N-methylpseudoephedrine;
       (1)(dd) N-ethylpseudoephedrine;
       (1)(ee) Hydriotic acid;
       (1)(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
       (1)(gg) 1,4 butanediol;
       (1)(hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
       (1)(ii) Crystal iodine;
       (1)(jj) Iodine at concentrations greater than 1. See Utah Code 58-37c-3
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Developmental center: means the Utah State Developmental Center, established in accordance with Part 5, Utah State Developmental Center. See Utah Code 26B-6-401
• Direct service worker: means a person who provides services to a person with a disability:
       (8)(a) when the services are rendered in:

            (8)(a)(i) the physical presence of the person with a disability; or

            (8)(a)(ii) a location where the person rendering the services has access to the physical presence of the person with a disability; and
       (8)(b)

            (8)(b)(i) under a contract with the division;

            (8)(b)(ii) under a grant agreement with the division; or

            (8)(b)(iii) as an employee of the division. See Utah Code 26B-6-401
• Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Director: means the director of the division. See Utah Code 26B-6-101
• Disability: means a severe, chronic disability that:
            (9)(a)(i) is attributable to:

                 (9)(a)(i)(A) an intellectual disability;

                 (9)(a)(i)(B) a condition that qualifies a person as a person with a related condition, as defined in Utah Code 26B-6-401
• Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
• eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401
• Endorsed program: means a facility or program that:
       (12)(a) is operated:

            (12)(a)(i) by the division; or

            (12)(a)(ii) under contract with the division; or
       (12)(b) provides services to a person committed to the division under Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability. See Utah Code 26B-6-401
• 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.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3
• 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
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
• 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
• Limited support services: means services that are administered by the division to individuals with a disability:
       (14)(a) under a waiver authorized under Utah Code 26B-6-401
• Man: means an adult human male. See Utah Code 68-3-12.5
• Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3
• Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
• Personal services: means nonmedical care and support, including assisting a person with:
       (10)(a) meal preparation;
       (10)(b) eating;
       (10)(c) bathing;
       (10)(d) dressing;
       (10)(e) personal hygiene; or
       (10)(f) daily living activities. See Utah Code 26B-6-101
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Practitioner: means a physician, physician assistant, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37c-3
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401
• Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3
• Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3
• Regulated transaction: means any actual, constructive or attempted:
       (8)(a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or
       (8)(b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3
• Resident: means an individual under observation, care, or treatment in an intermediate care facility for people with an intellectual disability. See Utah Code 26B-6-401
• Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
       (9)(a) in both number of sales and volume of sales; and
       (9)(b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3
• Threshold amount of a listed precursor chemical: means any amount of a controlled substance precursor or a specified amount of a controlled substance precursor in a matrix; however, the division may exempt from the provisions of this chapter a specific controlled substance precursor in a specific amount and in certain types of transactions which provisions for exemption shall be defined by the division by rule adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-37c-3
• Unlawful conduct: means the same as that term is defined in Subsection 58-1-501(1). See Utah Code 58-1-102
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102