26B-2-801. Definitions for part.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this part:

(1)"Adult" means an individual who is:

(a)at least 18 years old; or

(b)under 18 years old and is emancipated.

(2)"APRN" means an individual who is:

(a)certified or licensed as an advanced practice registered nurse under Subsection 58-31b-301(2) ;

(b)an independent practitioner; and

(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.

(3)"Capacity" means the same as that term is defined in Section 75A-9-101 .

(4)"Emergency medical services provider" means a person that is licensed, designated, or certified under Title 53, Chapter 2d , Emergency Medical Services Act.

(5)"Health care" means the same as that term is defined in Section 75A-9-101 .

(6)"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.

(a)"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.

(b)"Life sustaining care" does not include care provided for the purpose of keeping an individual comfortable.

(8)"Minor" means an individual who:

(a)is under 18 years old; and

(b)is not emancipated.

(9)"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 26B-2-802 , 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.

(10)"Parent" means the same as that term is defined in Section 75-1-201 .

(11)"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.

(12)"Physician assistant" means an individual licensed as a physician assistant under Title 58, Chapter 70a , Utah Physician Assistant Act.

(13)"Sign" means the same as that term is defined in Section 75-1-201 .

(14)"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:

(a)specific preferences expressed by the adult:

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

(ii)at the time the decision is being made;

(b)the surrogate's understanding of the adult's health care preferences;

(c)the surrogate's understanding of what the adult would have wanted under the circumstances; and

(d)to the extent that the preferences described in Subsections (14)(a) through

(c)are unknown, the best interest of the adult.

(15)"Surrogate" means the same as that term is defined in Section 75A-9-101 .

Amended by Chapter 96 , 2026 General Session