<section number="26B-2-801"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">96</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions for part.</catchline><tab/>As used in this part:<subsection number="26B-2-801(1)">"Adult" means an individual who is:<subsection number="26B-2-801(1)(a)">at least 18 years old; or</subsection><subsection number="26B-2-801(1)(b)">under 18 years old and is emancipated.</subsection></subsection><subsection number="26B-2-801(2)">"APRN" means an individual who is:<subsection number="26B-2-801(2)(a)">certified or licensed as an advanced practice registered nurse under Subsection <xref depth="4" refnumber="58-31b-301(2)">58-31b-301(2)</xref>;</subsection><subsection number="26B-2-801(2)(b)">an independent practitioner; and</subsection><subsection number="26B-2-801(2)(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.</subsection></subsection><subsection number="26B-2-801(3)">"Capacity" means the same as that term is defined in Section <xref depth="3" refnumber="75A-9-101">75A-9-101</xref>.</subsection><subsection number="26B-2-801(4)">"Emergency medical services provider" means a person that is licensed, designated, or certified under Title <xref depth="1" refnumber="53-2d">53, Chapter 2d</xref>, Emergency Medical Services Act.</subsection><subsection number="26B-2-801(5)">"Health care" means the same as that term is defined in Section <xref depth="3" refnumber="75A-9-101">75A-9-101</xref>.</subsection><subsection number="26B-2-801(6)">"Health care provider" means the same as that term is defined in Section <xref depth="3" refnumber="78B-3-403">78B-3-403</xref>, except that "health care provider" does not include an emergency medical services provider.</subsection><subsection number="26B-2-801(7)"><subsection number="26B-2-801(7)(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.</subsection><subsection number="26B-2-801(7)(b)">"Life sustaining care" does not include care provided for the purpose of keeping an individual comfortable.</subsection></subsection><subsection number="26B-2-801(8)">"Minor" means an individual who:<subsection number="26B-2-801(8)(a)">is under 18 years old; and</subsection><subsection number="26B-2-801(8)(b)">is not emancipated.</subsection></subsection><subsection number="26B-2-801(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 <xref depth="3" refnumber="26B-2-802">26B-2-802</xref>, 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.</subsection><subsection number="26B-2-801(10)">"Parent" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="26B-2-801(11)">"Physician" means a physician and surgeon or osteopathic surgeon licensed under Title <xref depth="1" refnumber="58-67">58, Chapter 67</xref>, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act.</subsection><subsection number="26B-2-801(12)">"Physician assistant" means an individual licensed as a physician assistant under Title <xref depth="1" refnumber="58-70a">58, Chapter 70a</xref>, Utah Physician Assistant Act.</subsection><subsection number="26B-2-801(13)">"Sign" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="26B-2-801(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:<subsection number="26B-2-801(14)(a)">specific preferences expressed by the adult:<subsection number="26B-2-801(14)(a)(i)">when the adult had the capacity to make health care decisions; and</subsection><subsection number="26B-2-801(14)(a)(ii)">at the time the decision is being made;</subsection></subsection><subsection number="26B-2-801(14)(b)">the surrogate's understanding of the adult's health care preferences;</subsection><subsection number="26B-2-801(14)(c)">the surrogate's understanding of what the adult would have wanted under the circumstances; and</subsection><subsection number="26B-2-801(14)(d)">to the extent that the preferences described in Subsections <xref depth="4" refnumber="26B-2-801(14)(a)">(14)(a)</xref> through <xref depth="4" refnumber="26B-2-801(c)">(c)</xref> are unknown, the best interest of the adult.</subsection></subsection><subsection number="26B-2-801(15)">"Surrogate" means the same as that term is defined in Section <xref depth="3" refnumber="75A-9-101">75A-9-101</xref>.</subsection></section>