Terms Used In Utah Code > Title 58 > Chapter 71 - Naturopathic Physician Practice Act

• Acupuncture: means the practice of acupuncture as defined in Section 58-72-102. See Utah Code 58-71-102
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-71-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-71-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Diagnose: means :
       (4)(a) to examine in any manner another individual, parts of an individual's body, substances, fluids, or materials excreted, taken, or removed from an individual's body, or produced by an individual's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition;
       (4)(b) to attempt to conduct an examination or determination described under Subsection (4)(a);
       (4)(c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (4)(a); or
       (4)(d) to make an examination or determination as described in Subsection (4)(a) upon or from information supplied directly or indirectly by another individual, whether or not in the presence of the individual the examination or determination concerns. See Utah Code 58-71-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Health data: means any information, except vital records as defined in Section 26B-8-101, relating to the health status of individuals, the availability of health resources and services, and the use and cost of these resources and services. See Utah Code 26B-8-401
• Identifiable health data: means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable. See Utah Code 26B-8-401
• Individual: means a natural person. See Utah Code 26B-8-401
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Local anesthesia: means an agent, whether a natural medicine or nonscheduled prescription drug, which:
       (5)(a) is applied topically or by injection associated with the performance of minor office procedures;
       (5)(b) has the ability to produce loss of sensation to a targeted area of an individual's body;
       (5)(c) does not cause loss of consciousness or produce general sedation; and
       (5)(d) is part of the competent practice of naturopathic medicine during minor office procedures. See Utah Code 58-71-102
• Minor office procedures: means :
            (7)(a)(i) the use of operative, electrical, or other methods for repair and care of superficial lacerations, abrasions, and benign lesions;
            (7)(a)(ii) removal of foreign bodies located in the superficial tissues, excluding the eye or ear;
            (7)(a)(iii) the use of antiseptics and local anesthetics in connection with minor office surgical procedures; and
            (7)(a)(iv) percutaneous injection into skin, tendons, ligaments, muscles, and joints with:

                 (7)(a)(iv)(A) local anesthesia or a prescription drug described in Subsection (8)(d); or

                 (7)(a)(iv)(B) natural substances. See Utah Code 58-71-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Natural medicine: means any:
       (8)(a) food, food extract, dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act, Utah Code 58-71-102
• Naturopathic childbirth: includes the use of:
            (9)(b)(i) natural medicines; and
            (9)(b)(ii) uncomplicated episiotomy. See Utah Code 58-71-102
• Naturopathic mobilization therapy: means manually administering mechanical treatment of body structures or tissues for the purpose of restoring normal physiological function to the body by normalizing and balancing the musculoskeletal system of the body. See Utah Code 58-71-102
• Naturopathic physical medicine: means the use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation, and the physical modalities of electrotherapy, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic mobilization therapy, and exercise. See Utah Code 58-71-102
• Naturopathic physician: means an individual licensed under this chapter to engage in the practice of naturopathic medicine. See Utah Code 58-71-102
• Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part of any of these. See Utah Code 26B-8-401
• Part: means an organ, an eye, or tissue of a human being. See Utah Code 26B-8-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of naturopathic medicine: means :
       (13)(a) a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injuries, and diseases that uses education, natural medicines, and natural therapies, to support and stimulate the patient's intrinsic self-healing processes by:

            (13)(a)(i) using naturopathic childbirth, but only if:

                 (13)(a)(i)(A) the licensee meets standards of the American College of Naturopathic Obstetricians (ACNO) or ACNO's successor as determined by the division in collaboration with the board; and

                 (13)(a)(i)(B) the licensee follows a written plan for naturopathic physicians practicing naturopathic childbirth approved by the division in collaboration with the board, which includes entering into an agreement with a consulting physician and surgeon or osteopathic physician, in cases where the scope of practice of naturopathic childbirth may be exceeded and specialty care and delivery is indicated, detailing the guidelines by which the naturopathic physician will:

                      (13)(a)(i)(B)(I) refer patients to the consulting physician; and

                      (13)(a)(i)(B)(II) consult with the consulting physician;

            (13)(a)(ii) using naturopathic mobilization therapy;

            (13)(a)(iii) using naturopathic physical medicine;

            (13)(a)(iv) using minor office procedures;

            (13)(a)(v) prescribing or administering natural medicine;

            (13)(a)(vi) prescribing medical equipment and devices, diagnosing by the use of medical equipment and devices, and administering therapy or treatment by the use of medical devices necessary and consistent with the competent practice of naturopathic medicine;

            (13)(a)(vii) prescribing barrier devices for contraception;

            (13)(a)(viii) using dietary therapy;

            (13)(a)(ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiological function tests;

            (13)(a)(x) taking of body fluids for clinical laboratory tests and using the results of the tests in diagnosis;

            (13)(a)(xi) taking of a history from and conducting of a physical examination upon a human patient; and

            (13)(a)(xii) administering local anesthesia during the performance of a minor office procedure;
       (13)(b) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (13)(a), whether or not for compensation; or
       (13)(c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "naturopathic physician" "naturopathic doctor" "naturopath" "doctor of naturopathic medicine" "doctor of naturopathy" "naturopathic medical doctor" "naturopathic medicine" "naturopathic health care" "naturopathy" "N. See Utah Code 58-71-102
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-71-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Research and statistical purposes: means the performance of activities relating to health data, including:
       (6)(a) describing the group characteristics of individuals or organizations;
       (6)(b) analyzing the interrelationships among the various characteristics of individuals or organizations;
       (6)(c) the conduct of statistical procedures or studies to improve the quality of health data;
       (6)(d) the design of sample surveys and the selection of samples of individuals or organizations;
       (6)(e) the preparation and publication of reports describing these matters; and
       (6)(f) other related functions. See Utah Code 26B-8-401
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-71-501. See Utah Code 58-71-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-71-502, and as may be further defined by division rule. See Utah Code 58-71-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5