State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-403

78B-3-403. Definitions.
As used in this part:
(1) "Audiologist" means a person licensed to practice audiology under Title 58, Chapter41, Speech-language Pathology and Audiology Licensing Act.
(2) "Certified social worker" means a person licensed to practice as a certified socialworker under Section 58-60-205.
(3) "Chiropractic physician" means a person licensed to practice chiropractic under Title58, Chapter 73, Chiropractic Physician Practice Act.
(4) "Clinical social worker" means a person licensed to practice as a clinical socialworker under Section 58-60-205.
(5) "Commissioner" means the commissioner of insurance as provided in Section31A-2-102.
(6) "Dental hygienist" means a person licensed to engage in the practice of dentalhygiene as defined in Section 58-69-102.
(7) "Dentist" means a person licensed to engage in the practice of dentistry as defined inSection 58-69-102.
(8) "Division" means the Division of Occupational and Professional Licensing created inSection 58-1-103.
(9) "Future damages" includes a judgment creditor's damages for future medicaltreatment, care or custody, loss of future earnings, loss of bodily function, or future pain andsuffering.
(10) "Health care" means any act or treatment performed or furnished, or which shouldhave been performed or furnished, by any health care provider for, to, or on behalf of a patientduring the patient's medical care, treatment, or confinement.
(11) "Health care facility" means general acute hospitals, specialty hospitals, home healthagencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatorysurgical facilities, small health care facilities, health care facilities owned or operated by healthmaintenance organizations, and end stage renal disease facilities.
(12) "Health care provider" includes any person, partnership, association, corporation, orother facility or institution who causes to be rendered or who renders health care or professionalservices as a hospital, health care facility, physician, registered nurse, licensed practical nurse,nurse-midwife, licensed Direct-entry midwife, dentist, dental hygienist, optometrist, clinicallaboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatricphysician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician,osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical socialworker, certified social worker, social service worker, marriage and family counselor,practitioner of obstetrics, or others rendering similar care and services relating to or arising out ofthe health needs of persons or groups of persons and officers, employees, or agents of any of theabove acting in the course and scope of their employment.
(13) "Hospital" means a public or private institution licensed under Title 26, Chapter 21,Health Care Facility Licensing and Inspection Act.
(14) "Licensed Direct-entry midwife" means a person licensed under the Direct-entryMidwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102.
(15) "Licensed practical nurse" means a person licensed to practice as a licensed practicalnurse as provided in Section 58-31b-301.

(16) "Malpractice action against a health care provider" means any action against a healthcare provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, basedupon alleged personal injuries relating to or arising out of health care rendered or which shouldhave been rendered by the health care provider.
(17) "Marriage and family therapist" means a person licensed to practice as a marriagetherapist or family therapist under Sections 58-60-305 and 58-60-405.
(18) "Naturopathic physician" means a person licensed to engage in the practice ofnaturopathic medicine as defined in Section 58-71-102.
(19) "Nurse-midwife" means a person licensed to engage in practice as a nurse midwifeunder Section 58-44a-301.
(20) "Optometrist" means a person licensed to practice optometry under Title 58, Chapter16a, Utah Optometry Practice Act.
(21) "Osteopathic physician" means a person licensed to practice osteopathy under Title58, Chapter 68, Utah Osteopathic Medical Practice Act.
(22) "Patient" means a person who is under the care of a health care provider, under acontract, express or implied.
(23) "Periodic payments" means the payment of money or delivery of other property to ajudgment creditor at intervals ordered by the court.
(24) "Pharmacist" means a person licensed to practice pharmacy as provided in Section58-17b-301.
(25) "Physical therapist" means a person licensed to practice physical therapy under Title58, Chapter 24b, Physical Therapy Practice Act.
(26) "Physical therapist assistant" means a person licensed to practice physical therapy,within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, PhysicalTherapy Practice Act.
(27) "Physician" means a person licensed to practice medicine and surgery under Title58, Chapter 67, Utah Medical Practice Act.
(28) "Podiatric physician" means a person licensed to practice podiatry under Title 58,Chapter 5a, Podiatric Physician Licensing Act.
(29) "Practitioner of obstetrics" means a person licensed to practice as a physician in thisstate under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, UtahOsteopathic Medical Practice Act.
(30) "Psychologist" means a person licensed under Title 58, Chapter 61, PsychologistLicensing Act, to engage in the practice of psychology as defined in Section 58-61-102.
(31) "Registered nurse" means a person licensed to practice professional nursing asprovided in Section 58-31b-301.
(32) "Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother,child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includesrelationships that are created as a result of adoption.
(33) "Representative" means the spouse, parent, guardian, trustee, attorney-in-fact,person designated to make decisions on behalf of a patient under a medical power of attorney, orother legal agent of the patient.
(34) "Social service worker" means a person licensed to practice as a social serviceworker under Section 58-60-205.
(35) "Speech-language pathologist" means a person licensed to practice speech-language

pathology under Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act.
(36) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act oromission proximately causing injury or damage to another.
(37) "Unanticipated outcome" means the outcome of a medical treatment or procedurethat differs from an expected result.

Amended by Chapter 220, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-403

78B-3-403. Definitions.
As used in this part:
(1) "Audiologist" means a person licensed to practice audiology under Title 58, Chapter41, Speech-language Pathology and Audiology Licensing Act.
(2) "Certified social worker" means a person licensed to practice as a certified socialworker under Section 58-60-205.
(3) "Chiropractic physician" means a person licensed to practice chiropractic under Title58, Chapter 73, Chiropractic Physician Practice Act.
(4) "Clinical social worker" means a person licensed to practice as a clinical socialworker under Section 58-60-205.
(5) "Commissioner" means the commissioner of insurance as provided in Section31A-2-102.
(6) "Dental hygienist" means a person licensed to engage in the practice of dentalhygiene as defined in Section 58-69-102.
(7) "Dentist" means a person licensed to engage in the practice of dentistry as defined inSection 58-69-102.
(8) "Division" means the Division of Occupational and Professional Licensing created inSection 58-1-103.
(9) "Future damages" includes a judgment creditor's damages for future medicaltreatment, care or custody, loss of future earnings, loss of bodily function, or future pain andsuffering.
(10) "Health care" means any act or treatment performed or furnished, or which shouldhave been performed or furnished, by any health care provider for, to, or on behalf of a patientduring the patient's medical care, treatment, or confinement.
(11) "Health care facility" means general acute hospitals, specialty hospitals, home healthagencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatorysurgical facilities, small health care facilities, health care facilities owned or operated by healthmaintenance organizations, and end stage renal disease facilities.
(12) "Health care provider" includes any person, partnership, association, corporation, orother facility or institution who causes to be rendered or who renders health care or professionalservices as a hospital, health care facility, physician, registered nurse, licensed practical nurse,nurse-midwife, licensed Direct-entry midwife, dentist, dental hygienist, optometrist, clinicallaboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatricphysician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician,osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical socialworker, certified social worker, social service worker, marriage and family counselor,practitioner of obstetrics, or others rendering similar care and services relating to or arising out ofthe health needs of persons or groups of persons and officers, employees, or agents of any of theabove acting in the course and scope of their employment.
(13) "Hospital" means a public or private institution licensed under Title 26, Chapter 21,Health Care Facility Licensing and Inspection Act.
(14) "Licensed Direct-entry midwife" means a person licensed under the Direct-entryMidwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102.
(15) "Licensed practical nurse" means a person licensed to practice as a licensed practicalnurse as provided in Section 58-31b-301.

(16) "Malpractice action against a health care provider" means any action against a healthcare provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, basedupon alleged personal injuries relating to or arising out of health care rendered or which shouldhave been rendered by the health care provider.
(17) "Marriage and family therapist" means a person licensed to practice as a marriagetherapist or family therapist under Sections 58-60-305 and 58-60-405.
(18) "Naturopathic physician" means a person licensed to engage in the practice ofnaturopathic medicine as defined in Section 58-71-102.
(19) "Nurse-midwife" means a person licensed to engage in practice as a nurse midwifeunder Section 58-44a-301.
(20) "Optometrist" means a person licensed to practice optometry under Title 58, Chapter16a, Utah Optometry Practice Act.
(21) "Osteopathic physician" means a person licensed to practice osteopathy under Title58, Chapter 68, Utah Osteopathic Medical Practice Act.
(22) "Patient" means a person who is under the care of a health care provider, under acontract, express or implied.
(23) "Periodic payments" means the payment of money or delivery of other property to ajudgment creditor at intervals ordered by the court.
(24) "Pharmacist" means a person licensed to practice pharmacy as provided in Section58-17b-301.
(25) "Physical therapist" means a person licensed to practice physical therapy under Title58, Chapter 24b, Physical Therapy Practice Act.
(26) "Physical therapist assistant" means a person licensed to practice physical therapy,within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, PhysicalTherapy Practice Act.
(27) "Physician" means a person licensed to practice medicine and surgery under Title58, Chapter 67, Utah Medical Practice Act.
(28) "Podiatric physician" means a person licensed to practice podiatry under Title 58,Chapter 5a, Podiatric Physician Licensing Act.
(29) "Practitioner of obstetrics" means a person licensed to practice as a physician in thisstate under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, UtahOsteopathic Medical Practice Act.
(30) "Psychologist" means a person licensed under Title 58, Chapter 61, PsychologistLicensing Act, to engage in the practice of psychology as defined in Section 58-61-102.
(31) "Registered nurse" means a person licensed to practice professional nursing asprovided in Section 58-31b-301.
(32) "Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother,child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includesrelationships that are created as a result of adoption.
(33) "Representative" means the spouse, parent, guardian, trustee, attorney-in-fact,person designated to make decisions on behalf of a patient under a medical power of attorney, orother legal agent of the patient.
(34) "Social service worker" means a person licensed to practice as a social serviceworker under Section 58-60-205.
(35) "Speech-language pathologist" means a person licensed to practice speech-language

pathology under Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act.
(36) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act oromission proximately causing injury or damage to another.
(37) "Unanticipated outcome" means the outcome of a medical treatment or procedurethat differs from an expected result.

Amended by Chapter 220, 2009 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-403

78B-3-403. Definitions.
As used in this part:
(1) "Audiologist" means a person licensed to practice audiology under Title 58, Chapter41, Speech-language Pathology and Audiology Licensing Act.
(2) "Certified social worker" means a person licensed to practice as a certified socialworker under Section 58-60-205.
(3) "Chiropractic physician" means a person licensed to practice chiropractic under Title58, Chapter 73, Chiropractic Physician Practice Act.
(4) "Clinical social worker" means a person licensed to practice as a clinical socialworker under Section 58-60-205.
(5) "Commissioner" means the commissioner of insurance as provided in Section31A-2-102.
(6) "Dental hygienist" means a person licensed to engage in the practice of dentalhygiene as defined in Section 58-69-102.
(7) "Dentist" means a person licensed to engage in the practice of dentistry as defined inSection 58-69-102.
(8) "Division" means the Division of Occupational and Professional Licensing created inSection 58-1-103.
(9) "Future damages" includes a judgment creditor's damages for future medicaltreatment, care or custody, loss of future earnings, loss of bodily function, or future pain andsuffering.
(10) "Health care" means any act or treatment performed or furnished, or which shouldhave been performed or furnished, by any health care provider for, to, or on behalf of a patientduring the patient's medical care, treatment, or confinement.
(11) "Health care facility" means general acute hospitals, specialty hospitals, home healthagencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatorysurgical facilities, small health care facilities, health care facilities owned or operated by healthmaintenance organizations, and end stage renal disease facilities.
(12) "Health care provider" includes any person, partnership, association, corporation, orother facility or institution who causes to be rendered or who renders health care or professionalservices as a hospital, health care facility, physician, registered nurse, licensed practical nurse,nurse-midwife, licensed Direct-entry midwife, dentist, dental hygienist, optometrist, clinicallaboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatricphysician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician,osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical socialworker, certified social worker, social service worker, marriage and family counselor,practitioner of obstetrics, or others rendering similar care and services relating to or arising out ofthe health needs of persons or groups of persons and officers, employees, or agents of any of theabove acting in the course and scope of their employment.
(13) "Hospital" means a public or private institution licensed under Title 26, Chapter 21,Health Care Facility Licensing and Inspection Act.
(14) "Licensed Direct-entry midwife" means a person licensed under the Direct-entryMidwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102.
(15) "Licensed practical nurse" means a person licensed to practice as a licensed practicalnurse as provided in Section 58-31b-301.

(16) "Malpractice action against a health care provider" means any action against a healthcare provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, basedupon alleged personal injuries relating to or arising out of health care rendered or which shouldhave been rendered by the health care provider.
(17) "Marriage and family therapist" means a person licensed to practice as a marriagetherapist or family therapist under Sections 58-60-305 and 58-60-405.
(18) "Naturopathic physician" means a person licensed to engage in the practice ofnaturopathic medicine as defined in Section 58-71-102.
(19) "Nurse-midwife" means a person licensed to engage in practice as a nurse midwifeunder Section 58-44a-301.
(20) "Optometrist" means a person licensed to practice optometry under Title 58, Chapter16a, Utah Optometry Practice Act.
(21) "Osteopathic physician" means a person licensed to practice osteopathy under Title58, Chapter 68, Utah Osteopathic Medical Practice Act.
(22) "Patient" means a person who is under the care of a health care provider, under acontract, express or implied.
(23) "Periodic payments" means the payment of money or delivery of other property to ajudgment creditor at intervals ordered by the court.
(24) "Pharmacist" means a person licensed to practice pharmacy as provided in Section58-17b-301.
(25) "Physical therapist" means a person licensed to practice physical therapy under Title58, Chapter 24b, Physical Therapy Practice Act.
(26) "Physical therapist assistant" means a person licensed to practice physical therapy,within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, PhysicalTherapy Practice Act.
(27) "Physician" means a person licensed to practice medicine and surgery under Title58, Chapter 67, Utah Medical Practice Act.
(28) "Podiatric physician" means a person licensed to practice podiatry under Title 58,Chapter 5a, Podiatric Physician Licensing Act.
(29) "Practitioner of obstetrics" means a person licensed to practice as a physician in thisstate under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, UtahOsteopathic Medical Practice Act.
(30) "Psychologist" means a person licensed under Title 58, Chapter 61, PsychologistLicensing Act, to engage in the practice of psychology as defined in Section 58-61-102.
(31) "Registered nurse" means a person licensed to practice professional nursing asprovided in Section 58-31b-301.
(32) "Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother,child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includesrelationships that are created as a result of adoption.
(33) "Representative" means the spouse, parent, guardian, trustee, attorney-in-fact,person designated to make decisions on behalf of a patient under a medical power of attorney, orother legal agent of the patient.
(34) "Social service worker" means a person licensed to practice as a social serviceworker under Section 58-60-205.
(35) "Speech-language pathologist" means a person licensed to practice speech-language

pathology under Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act.
(36) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act oromission proximately causing injury or damage to another.
(37) "Unanticipated outcome" means the outcome of a medical treatment or procedurethat differs from an expected result.

Amended by Chapter 220, 2009 General Session


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