Terms Used In Utah Code > Title 58 > Chapter 4a - Utah Professionals Health Program

• 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
• 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.
• Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-102(2)(j). See Utah Code 26B-5-301
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
• Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
• 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.
• Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
       (11)(a) sexual intercourse;
       (11)(b) penetration, however slight, of the genital or anal opening of the individual;
       (11)(c) any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or
       (11)(d) any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301
• Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
• Licensee: means an individual licensed to practice:
       (2)(a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
       (2)(b) under Title 58, Chapter 17b, Pharmacy Practice Act;
       (2)(c) under Title 58, Chapter 28, Veterinary Practice Act;
       (2)(d) under Title 58, Chapter 31b, Nurse Practice Act;
       (2)(e) mental health therapy under Title 58, Chapter 60, Mental Health Professional Practice Act;
       (2)(f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act;
       (2)(g) under Title 58, Chapter 67, Utah Medical Practice Act;
       (2)(h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
       (2)(i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
       (2)(j) under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
• Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301
• Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
• Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
• Mental illness: means :
       (18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
       (18)(b) the same as that term is defined in:

            (18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or

            (18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
• Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
• Patient: means an individual who is:
       (20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or
       (20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
• 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
• Physician: means an individual who is:
       (21)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
       (21)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301
• 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.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
• Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Serious bodily injury: means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 26B-5-301
• 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.
• 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 hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
• Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102
• Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5