75-5-701. Definitions.

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

Effective 5/7/2025

As used in this part:

(1)"Abuse" means the same as that term is defined in Section 26B-6-201 .

(2)"Coercion" means influencing or attempting to influence a principal using force, threats, or intimidation.

(3)"Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103.

(4)"Exploitation" means the same as that term is defined in Section 26B-6-201 .

(5)"Good faith" means honesty in fact in the conduct or transaction concerned.

(6)"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 50 Pub. L. No. 104-191, 110 Stat. 1936, as amended.

(7)"Neglect" means the same as that term is defined in Section 26B-6-201 .

(8)"Principal" means an individual who:

(a)is 18 years old or older;

(b)has a disability, as that term is defined in Section 26B-6-801 ; and

(c)has entered into a supported decision-making agreement with at least one supporter.

(9)"Protected health information" means the same as that term is defined in 45 C.F.R. Sec. 160.103.

(a)"Solicit" means to ask, command, encourage, importune, urge, or request.

(b)"Solicit" does not include providing information, materials, resources, or education materials to an individual.

(11)"Qualifying person" means a person who has a legal right to receive notice regarding, or legal decision-making authority for, an individual seeking to enter into a supported decision-making agreement, which may include:

(a)the agent for a power of attorney;

(b)the agent for an advance health care directive; or

(c)the personal representative of a will or the trustee of a trust.

(12)"Supported decision-making" means the process of supporting and accommodating an individual in the decision-making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the individual.

(13)"Supported decision-making agreement" means an agreement between a principal and at least one supporter, subject to the requirements described in Section 75-5-704 .

(14)"Supporter" means an individual:

(a)who is 18 years old or older;

(b)who is not being paid to provide support to the principal, unless the individual is receiving caregiver compensation through the Division of Services for People with Disabilities or is a sibling of the principal who cares for the principal;

(c)who does not have any of the following:

(i)a substantiated allegation of abuse, neglect, or exploitation;

(ii)a protective or restraining order; or

(iii)a conviction for:

(A)harm of another;

(B)theft; or

(C)financial crime; and

(d)who has agreed to provide specified assistance to a principal by entering into a supported decision-making agreement with the principal.

(15)"Undue influence" means the same as that term is defined in Section 26B-6-201 .

Enacted by Chapter 533 , 2025 General Session