Full text of Utah Utah Code § 34-41-101 — Definitions., with citation guidance and answers to common questions.
§ 34-41-101. Definitions.
Effective 5/6/2026 34-41-101.
Definitions. As used in this chapter:
(1)
"Donor" means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or an institution of higher education.
(2)
"Drug" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, including Title 58, Chapter 37, Controlled Substances, or supplement to any of those compendia.
(3)
"Drug testing" means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter.
(4)
"Institution of higher education" means the same as that term is defined in Section 53H-1-101.
(5)
"Local governmental employee" means any person or officer in the service of a local governmental entity or institution of higher education for compensation.
(6)
(a)
"Local governmental entity" means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities.
(b)
"Local governmental entity" does not mean Utah state government or its administrative subdivisions provided for in Sections 63A-17-1001 through 63A-17-1006.
(7)
"Periodic testing" means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule.
(8)
"Prospective employee" means any person who has made a written or oral application to become an employee of a local governmental entity or an institution of higher education.
(9)
"Random testing" means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category.
(10)
"Reasonable suspicion for drug testing" means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that a local government employee or volunteer is in violation of the drug-free workplace policy.
(11)
"Rehabilitation testing" means unannounced but preselected drug testing done as part of a program of counseling, education, and treatment of an employee or volunteer in conjunction with the drug-free workplace policy.
(12)
"Safety sensitive position" means any local governmental or institution of higher education position involving duties which directly affects the safety of governmental employees, the general public, or positions where there is access to controlled substances, as defined in Title 58, Chapter 37, Controlled Substances, during the course of performing job duties.
(13)
"Sample" means urine, blood, breath, oral fluid, or hair.
(14)
"Volunteer" means any person who donates services as authorized by the local governmental entity or institution of higher education without pay or other compensation except expenses actually and reasonably incurred.
Section 34-41-101 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 34-41-101?
A common citation format is "Utah Code § 34-41-101" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 34-41-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
