34-51-102. Definitions.

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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 chapter:

(1)"Broadcasting employee" means an employee of a broadcasting company.

(2)"Broadcasting company" means a person engaged in the business of:

(a)distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following:

(i)television;

(ii)cable; or

(iii)radio; or

(b)preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a) .

(3)"Exempt broadcasting employee" means a broadcasting employee who is compensated on a salary basis, as defined in 29 C.F.R. Sec. 541.602, at a rate equal to or greater than the greater of:

(a)$913 per week, or an equivalent amount if calculated for a period longer than one week; or

(b)the rate at which an employee qualifies as exempt under the Fair Labor Standards Act, 29 U.S.C. Sec. 213(a) on a salary basis as defined in 29 C.F.R. Part 541.

(4)"Healthcare non-compete agreement" means an agreement between a person and a healthcare worker within which the healthcare worker agrees that, after the day on which the healthcare worker no longer works for or with the person, the healthcare worker will not engage in a service that the healthcare worker may provide under the scope of the healthcare worker's license:

(a)for a restricted period of time; or

(b)within a specific geographic area.

(a)"Healthcare worker" means an individual licensed and practicing as:

(i)an advanced practice registered nurse intern under Title 58, Chapter 31b, Nurse Practice Act;

(ii)an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;

(iii)an advanced practice registered nurse - CRNA without prescriptive practice under Title 58, Chapter 31b, Nurse Practice Act;

(iv)an associate marriage and family therapist under Section 58-60-304 ;

(v)a behavioral health coach under Section 58-60-603 ;

(vi)a behavioral health technician under Section 58-60-603 ;

(vii)a certified dietitian as that term is defined in Section 58-49-2 ;

(viii)a certified psychology resident under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act;

(ix)a certified social worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act;

(x)a clinical mental health counselor under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act;

(xi)a clinical social worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act;

(xii)a dentist as that term is defined in Section 58-69-102 ;

(xiii)a genetic counselor as that term is defined in Section 58-75-102 ;

(xiv)a licensed assistant behavior analyst under Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act;

(xv)a licensed behavior analyst under Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act;

(xvi)a licensed massage therapist as that term is defined in Section 58-47b-102 ;

(xvii)a licensed practical nurse under Title 58, Chapter 31b, Nurse Practice Act;

(xviii) a marriage and family therapist under Section 58-60-304 ;

(xix)a medication aide certified as that term is defined in Section 58-31b-102 ;

(xx)a mental health therapist as that term is defined in Section 58-60-102 ;

(xxi)a naturopathic physician as that term is defined in Section 58-71-102 ;

(xxii)a nurse midwife as that term is defined in Section 58-44a-102 ;

(xxiii) an optometrist as that term is defined in Section 58-16a-102 ;

(xxiv)a physical therapist under Section 58-24b-302 ;

(xxv)a physician as that term is defined in Section 58-68-102 ;

(xxvi)a physician assistant as that term is defined in Section 58-70a-102 ;

(xxvii) a psychologist under Section 58-61-301 ;

(xxviii) a podiatric physician under Section 58-5a-301 ;

(xxix)a radiology practitioner as that term is defined in Section 58-54-102 ;

(xxx)a registered nurse under Title 58, Chapter 31b, Nurse Practice Act;

(xxxi)a respiratory care practitioner as that term is defined in Section 58-57-2 ;

(xxxii) a social service worker under Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or

(xxxiii) a substance use disorder counselor under Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act.

(b)"Healthcare worker" does not include an individual:

(i)who holds a license described in Subsection (5)(a)(i) through (xxxiii) ; and

(ii)whose employment or contractual agreement does not require or involve practicing under the scope of the individual's license.

(6)"Nondisclosure clause" means an agreement, between a person and an individual who works for or with the person, that prevents, or has the effect of preventing, the individual from disclosing or discussing information the individual learned as a result of the individual working for or with the person.

(7)"Nonsolicitation agreement" means an agreement, between a person and an individual who works for or with the person, in which the individual agrees that on or after the day on which the individual no longer works for or with the person, the individual will not solicit the person's clients, customers, or employees.

(a)"Non-compete agreement" means an agreement, written or oral, between an employer and employee under which the employee agrees that on or after the day on which the employer no longer employs the employee, the employee, either alone or as an employee of another person, will not compete with the employer in providing a product, process, or service that is similar to the employer's product, process, or service.

(b)"Non-compete agreement" does not include:

(i)a nonsolicitation agreement;

(ii)a nondisclosure agreement; or

(iii)a confidentiality agreement.

(9)"Sale of a business" means a transfer of the ownership by sale, acquisition, merger, or other method of the tangible or intangible assets of a business entity, or a division or segment of the business entity.

(10)"Veterinarian" means the same as that term is defined in Section 58-28-102 .

(11)"Veterinarian non-compete agreement" means an agreement between a veterinarian and a person under which the veterinarian agrees that after the day on which the veterinarian no longer works for or with the person, the veterinarian will not:

(a)compete with the person in providing a product, process, or service that is similar to the person's product, process, or service; or

(b)work within a specific geographic area.

Amended by Chapter 341 , 2026 General Session