Terms Used In Utah Code > Title 75A > Chapter 3 > Part 1 - General Provisions

• Adult: means an individual who is:
       (1)(a) at least 18 years old; or
       (1)(b) an emancipated minor. See Utah Code 75A-3-101
• Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75A-3-101
• 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 75A-3-101
• 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 75A-3-101
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75A-3-101
• Default surrogate: means the adult who may make decisions for an individual when either:
       (9)(a) an agent or guardian has not been appointed; or
       (9)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75A-3-101
• Emergency medical services provider: means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act. See Utah Code 75A-3-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• 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 the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• 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 75A-3-101
• Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
       (16)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
       (16)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
       (16)(c) the ability to communicate a decision. See Utah Code 75A-3-101
• Health care facility: means :
       (17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (17)(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 75A-3-101
• 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 75A-3-101
• Incapacitated: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• 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 75A-3-101
• Minor: means an individual who:
       (22)(a) is under 18 years old; and
       (22)(b) is not an emancipated minor. See Utah Code 75A-3-101
• 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 75-3-106, 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 75A-3-101
• Parent: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• 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
• 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 75A-3-101
• Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75A-3-101
• 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 the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• 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:
       (30)(a) specific preferences expressed by the adult:

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

            (30)(a)(ii) at the time the decision is being made;
       (30)(b) the surrogate's understanding of the adult's health care preferences;
       (30)(c) the surrogate's understanding of what the adult would have wanted under the circumstances; and
       (30)(d) to the extent that the preferences described in Subsections (30)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75A-3-101
• Surrogate: means a health care decision maker who is:
       (31)(a) an appointed agent;
       (31)(b) a default surrogate under the provisions of Section 75A-3-203; or
       (31)(c) a guardian. See Utah Code 75A-3-101
• 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