Terms Used In Utah Code > Title 58 > Chapter 57 - Respiratory Care Practices Act

• 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
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Board: means the Respiratory Care Licensing Board created in Section 58-57-3. See Utah Code 58-57-2
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501
• Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501
• 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.
• General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
• Health care facility: means any facility or institution in which health care services are performed or furnished and includes a hospital, clinic, or emergency care center. See Utah Code 58-57-2
• 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.
• 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
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
• Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
• Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
• Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
• 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
• Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs and order respiratory care in the course of professional practice. See Utah Code 58-57-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proof of age: means :
            (18)(a)(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
            (18)(a)(ii) a valid identification that:

                 (18)(a)(ii)(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;

                 (18)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;

                 (18)(a)(ii)(C) includes date of birth; and

                 (18)(a)(ii)(D) has a picture affixed;
            (18)(a)(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
            (18)(a)(iv) a valid United States military identification card that:

                 (18)(a)(iv)(A) includes date of birth; and

                 (18)(a)(iv)(B) has a picture affixed; or
            (18)(a)(v) a valid passport. See Utah Code 26B-7-501
• Respiratory care practitioner: means any person licensed to practice respiratory care under this chapter. See Utah Code 58-57-2
• Respiratory related durable medical equipment: means :
       (6)(a) medical grade oxygen;
       (6)(b) equipment and supplies related to medical gases;
       (6)(c) apnea monitors;
       (6)(d) oximeters;
       (6)(e) noninvasive positive pressure generators, except those with back-up respiratory rate or when used invasively;
       (6)(f) bilirubin lights;
       (6)(g) suctioning equipment;
       (6)(h) large volume nebulizers with compressors, except when used invasively in conjunction with an artificial airway;
       (6)(i) medication nebulizers;
       (6)(j) enteral nutrition equipment; and
       (6)(k) other respiratory related equipment intended for use in the home as defined by the division by rule. See Utah Code 58-57-2
• Retail tobacco specialty business: means the same as that term is defined:
       (20)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
• 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
• Tobacco product: means :
       (24)(a) a tobacco product as defined in Section 76-10-101; or
       (24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
• Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: means the same as that term is defined in Subsection 58-1-501(1). See Utah Code 58-1-102