Utah Code § 63G-33-301 — Utah Code / Title 63G / Chapter 63G-33 / § 63G-33-301
§ 63G-33-301. Definitions.
Status: in_force

As used in this part: (1) (a) "Adverse action" means: (i) termination of employment; (ii) a demotion; (iii) an adverse administrative action; (iv) increased administrative duties; (v) refusal of staff privileges; (vi) refusal of board certification; (vii) loss of career specialty; (viii) reduction of wages, benefits, or privileges; (ix) refusal to award a grant, contract, or other program; (x) refusal to provide residency training opportunities; (xi) denial, deprivation, or disqualification of licensure; (xii) withholding or disqualifying from financial aid or other assistance; (xiii) an impediment to creating, expanding, or improving, a health care institution; (xiv) an impediment to acquiring, associating with, or merging with another health care institution; or (xv) another penalty, disciplinary action, or retaliatory action. (b) "Adverse action" does not include: (i) reassigning an individual to a position of reasonably equal pay, opportunity, and circumstance, based on principles of sound business operation, unless the reassignment constitutes retaliation or punishment of the individual for exercising the individual's right of religious belief or conscience; or (ii) transfer, demotion, or termination of employment of a health care provider, if: (A) the health care services that the health care provider, based on the right of religious belief or conscience, refuses to participate in or provide are so numerous that the refusal will subject the employer to undue hardship that cannot be avoided by less adverse means, including scheduling or other accommodations; or (B) the health care services that the health care provider, based on the right of religious belief or conscience, refuses to participate in or provide are the primary or essential functions which the individual was hired to perform. (2) "Belief-based health care institution" means a health care institution that: (a) holds itself out to the public as religious based or conscience based; (b) states in the health care institution's governing documents that the health care institution has a religious or conscience based purpose or mission; and (c) has internal operating policies or procedures that implement the health care institution's religious beliefs or conscience. (3) "Conscience" means a sincerely held belief as to the rightness or wrongness of an action or inaction. (4) "Discriminate," when used in relation to a health care provider, means taking an adverse action, or threatening to take an adverse action, against the health care provider as a result of the health care provider: (a) deciding to not participate in a health care service on the basis of religious belief or conscience; or (b) reporting, or threatening to report, a violation of this part. (5) "Division of Professional Licensing" means the Division of Professional Licensing, created in Section 58-1-103. (6) "Emergency department" means the area of a hospital in which emergency services are provided 24 hours a day. (7) "Health care institution" means a person licensed, certified, or regulated under Title 26B, Chapter 2, Licensing and Certifications. (8) "Health care provider" means: (a) an individual licensed, certified, or regulated under: (i) Title 58, Chapter 5a, Podiatric Physician Licensing Act; (ii) Title 58, Chapter 15, Health Facility Administrator Act; (iii) Title 58, Chapter 16a, Utah Optometry Practice Act; (iv) Title 58, Chapter 17b, Pharmacy Practice Act; (v) Title 58, Chapter 24b, Physical Therapy Practice Act; (vi) Title 58, Chapter 24c, Physical Therapy Licensure Compact; (vii) Title 58, Chapter 31b, Nurse Practice Act; (viii) Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact; (ix) Title 58, Chapter 31e, Nurse Licensure Compact - Revised; (x) Title 58, Chapter 40, Recreational Therapy Practice Act; (xi) Title 58, Chapter 40a, Athletic Trainer Licensing Act; (xii) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act; (xiii) Title 58, Chapter 41a, Audiology and Speech-language Pathology Interstate Compact; (xiv) Title 58, Chapter 42a, Occupational Therapy Practice Act; (xv) Title 58, Chapter 42b, Occupational Therapy Licensure Compact; (xvi) Title 58, Chapter 44a, Nurse Midwife Practice Act; (xvii) Title 58, Chapter 54, Radiologic Technologist, Radiologist Assistant, and Radiology Practical Technician Licensing Act; (xviii) Title 58, Chapter 57, Respiratory Care Practices Act; (xix) Title 58, Chapter 67, Utah Medical Practice Act; (xx) Title 58, Chapter 67b, Interstate Medical Licensure Compact; (xxi) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (xxii) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; (xxiii) Title 58, Chapter 70a, Utah Physician Assistant Act; (xxiv) Title 58, Chapter 70b, Anesthesiologist Assistant Licensing Act; (xxv) Title 58, Chapter 70c, PA Licensure Compact; (xxvi) Title 58, Chapter 71, Naturopathic Physician Practice Act; (xxvii) Title 58, Chapter 73, Chiropractic Physician Practice Act; (xxviii) Title 58, Chapter 75, Genetic Counselors Licensing Act; (xxix) Title 58, Chapter 77, Direct-Entry Midwife Act; (xxx) Title 58, Chapter 80a, Medical Language Interpreter Act; (xxxi) Title 58, Chapter 81, Retired Volunteer Health Care Practitioner Act; or (xxxii) Title 58, Chapter 88, General Health Professions; or (b) an individual employed or supervised by: (i) a person described in Subsection (8)(a); or (ii) a health care institution. (9) (a) "Health care service" means medical care provided to a patient at a single time or over a period of time. (b) "Health care service" includes: (i) examination; (ii) testing; (iii) diagnosis; (iv) dispensing or administering a drug, medication, or device; (v) research; (vi) prognosis; (vii) therapy; (viii) giving medical advice or taking action based on medical advice; (ix) the withholding or withdrawal of life-sustaining care or treatment; (x) the termination of a pregnancy; (xi) artificial insemination; (xii) gender transition; (xiii) contraception; or (xiv) other care or services provided by a health care provider or health care institution. (c) "Health care service" does not include medical care provided to an individual during, or before, transport of the individual to a health care facility. (10) "Right of religious belief or conscience" means the right described in Subsection 63G-33-302(1)(a).