26B-6-801. Definitions.

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

Effective 11/6/2025

As used in this part:

(1)"Disability" has the same meaning as defined in 42 U.S.C. Sec. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. Sec. 36.104, as may be amended in the future.

(2)"Informed consent" means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception.

(3)"Institutionalized" means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-20-102 and 17-79-102 , a group home for persons with a disability, a nursing home, or a foster care home or facility.

(a)"Service animal" includes any dog that:

(i)is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and

(ii)performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:

(A)assisting an individual who is blind or has low vision with navigation or other tasks;

(B)alerting an individual who is deaf or hard of hearing to the presence of people or sounds;

(C)providing non-violent protection or rescue work;

(D)pulling a wheelchair;

(E)assisting an individual during a seizure;

(F)alerting an individual to the presence of an allergen;

(G)retrieving an item for the individual;

(H)providing physical support and assistance with balance and stability; or

(I)helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.

(b)"Service animal" does not include:

(i)an animal other than a dog, whether wild or domestic, trained or untrained; or

(ii)an animal used solely to provide:

(A)a crime deterrent;

(B)emotional support;

(C)well-being;

(D)comfort; or

(E)companionship.

(5)"Sterilization" means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation.

(6)"Support animal" means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability.

Amended by Chapter 16 , 2025 Special Session 1