26-49-102 - Definitions.
26-49-102. Definitions.
As used in this chapter:
(1) "Department of Health" shall have the meaning provided for in Section 26-1-4.
(2) "Disaster relief organization" means an entity that:
(a) provides emergency or disaster relief services that include health or veterinaryservices provided by volunteer health practitioners;
(b) is designated or recognized as a provider of the services described in Subsection(2)(a) under a disaster response and recovery plan adopted by:
(i) an agency of the federal government;
(ii) the state Department of Health; or
(iii) a local health department; and
(c) regularly plans and conducts its activities in coordination with:
(i) an agency of the federal government;
(ii) the Department of Health; or
(iii) a local health department.
(3) "Emergency" means a "state of emergency" as defined in Section 63K-4-103.
(4) "Emergency declaration" means a declaration made in accordance with Section63K-4-203 or 63K-4-301.
(5) "Emergency Management Assistance Compact" means the interstate compactapproved by Congress by Public Law No. 104-321, 110 Stat. 3877 and adopted by Utah in Title53, Chapter 2, Part 2, Emergency Management Assistance Compact.
(6) "Entity" means a person other than an individual.
(7) "Health facility" means an entity licensed under the laws of this or another state toprovide health or veterinary services.
(8) "Health practitioner" means an individual licensed under Utah law or another state toprovide health or veterinary services.
(9) "Health services" means the provision of treatment, care, advice, guidance, otherservices, or supplies related to the health or death of individuals or human populations, to theextent necessary to respond to an emergency, including:
(a) the following, concerning the physical or mental condition or functional status of anindividual or affecting the structure or function of the body:
(i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or
(ii) counseling, assessment, procedures, or other services;
(b) selling or dispensing a drug, a device, equipment, or another item to an individual inaccordance with a prescription; and
(c) funeral, cremation, cemetery, or other mortuary services.
(10) "Host entity":
(a) means an entity operating in Utah that:
(i) uses volunteer health practitioners to respond to an emergency; and
(ii) is responsible during an emergency, for actually delivering health services toindividuals or human populations, or veterinary services to animals or animal populations; and
(b) may include disaster relief organizations, hospitals, clinics, emergency shelters,health care provider offices, or any other place where volunteer health practitioners may providehealth or veterinary services.
(11) (a) "License" means authorization by a state to engage in health or veterinary
services that are unlawful without authorization.
(b) "License" includes authorization under this title to an individual to provide health orveterinary services based upon a national or state certification issued by a public or private entity.
(12) "Local health department" shall have the meaning provided for in Subsection26A-1-102(5).
(13) "Person" means an individual, corporation, business trust, trust, partnership, limitedliability company, association, joint venture, public corporation, government or governmentalsubdivision, agency, or instrumentality, or any other legal or commercial entity.
(14) "Scope of practice" means the extent of the authorization to provide health orveterinary services granted to a health practitioner by a license issued to the practitioner in thestate in which the principal part of the practitioner's services are rendered, including anyconditions imposed by the licensing authority.
(15) "State" means:
(a) a state of the United States;
(b) the District of Columbia;
(c) Puerto Rico;
(d) the United States Virgin Islands; or
(e) any territory or insular possession subject to the jurisdiction of the United States.
(16) "Veterinary services" shall have the meaning provided for in Subsection58-28-102(11).
(17) (a) "Volunteer health practitioner" means a health practitioner who provides healthor veterinary services, whether or not the practitioner receives compensation for those services.
(b) "Volunteer health practitioner" does not include a practitioner who receivescompensation under a preexisting employment relationship with a host entity or affiliate thatrequires the practitioner to provide health services in Utah, unless the practitioner is:
(i) not a Utah resident; and
(ii) employed by a disaster relief organization providing services in Utah while anemergency declaration is in effect.
Amended by Chapter 370, 2010 General Session