Terms Used In Utah Code > Title 26B > Chapter 7 > Part 1 - Health Promotion and Risk Reduction

• Adequate records: means legible records that contain, at a minimum:
       (1)(a) the athletic training service plan or protocol;
       (1)(b) an evaluation of objective findings;
       (1)(c) the plan of care and the treatment records; or
       (1)(d) written orders. See Utah Code 58-40a-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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• ASHA: means the American Speech-Language-Hearing Association. See Utah Code 58-41-2
• Association: means the Utah Speech-Language-Hearing Association. See Utah Code 58-41-2
• Athlete: means an individual, referee, coach, or athletic staff member who participates in exercises, sports, or games requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and the exercises, sports, or games are of a type generally conducted in association with an educational institution or professional, amateur, or recreational sports club or organization. See Utah Code 58-40a-102
• Athletic trainer: means an individual who is licensed under this chapter and carries out the practice of athletic training. See Utah Code 58-40a-102
• Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
• Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2
• Audiology aide: means an individual who:
       (5)(a) meets the minimum qualifications established by the board for audiology aides. See Utah Code 58-41-2
• Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2
• Board: means the Athletic Trainers Licensing Board created in Section 58-40a-201. See Utah Code 58-40a-102
• Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102
• CCC: means the certificate of clinical competence awarded by the American Speech-Language-Hearing Association. See Utah Code 58-41-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Directing physician: means a physician and surgeon licensed under Section 58-67-301, an osteopathic physician and surgeon licensed under Section 58-68-301, a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or dentist licensed under Section 58-69-301 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by the athletic trainer and oversees the practice of athletic training by the athletic trainer, as established by board rule. See Utah Code 58-40a-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Disorder: means the condition of decreased, absent, or impaired auditory, speech, voice, or language function. See Utah Code 58-41-2
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Down syndrome: means a genetic condition associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Utah Code 26B-7-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Hearing aid dealer: means one who sells, repairs, and adjusts hearing aids. See Utah Code 58-41-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensed audiologist: means any individual to whom a license has been issued under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
• Licensed speech-language pathologist: means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Maternal and child health services: means :
       (2)(a) the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward reducing infant mortality and improving the health of mothers and children provided, however, that nothing in this Subsection (2) shall be construed to allow any agency of the state to interfere with the rights of the parent of an unmarried minor in decisions about the providing of health information or services;
       (2)(b) the development, strengthening, and improvement of standards and techniques relating to the services and care;
       (2)(c) the training of personnel engaged in the provision, development, strengthening, or improvement of the services and care; and
       (2)(d) necessary administrative services connected with Subsections (2)(a), (b), and (c). See Utah Code 26B-7-101
• Minor: means a person under 18 years old. See Utah Code 26B-7-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
• Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter. See Utah Code 58-41-2
• 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
• practice of athletic training: means the application by a licensed and certified athletic trainer of principles and methods of:
       (7)(a) prevention of athletic injuries;
       (7)(b) recognition, evaluation, and assessment of athletic injuries and conditions;
       (7)(c) immediate care of athletic injuries, including common emergency medical situations;
       (7)(d) rehabilitation and reconditioning of athletic injuries;
       (7)(e) athletic training services administration and organization; and
       (7)(f) education of athletes. See Utah Code 58-40a-102
• Practice of occupational therapy: includes :
            (6)(b)(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual;
            (6)(b)(ii) modifying or adapting an activity or environment to enhance an individual's performance;
            (6)(b)(iii) maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities;
            (6)(b)(iv) promoting health and wellness to develop or improve an individual's performance in everyday life activities;
            (6)(b)(v) performance-barrier prevention for an individual, including disability prevention;
            (6)(b)(vi) evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including:

                 (6)(b)(vi)(A) body functions and structures;

                 (6)(b)(vi)(B) habits, routines, roles, and behavioral patterns;

                 (6)(b)(vi)(C) cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and

                 (6)(b)(vi)(D) motor, process, communication, interaction, and other performance skills;
            (6)(b)(vii) providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including:

                 (6)(b)(vii)(A) the therapeutic use of occupations and exercises;

                 (6)(b)(vii)(B) training in self-care, self-management, home-management, and community and work reintegration;

                 (6)(b)(vii)(C) the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions;

                 (6)(b)(vii)(D) the education and training of an individual's family members and caregivers;

                 (6)(b)(vii)(E) care coordination, case management, and transition services;

                 (6)(b)(vii)(F) providing consulting services to groups, programs, organizations, or communities,

                 (6)(b)(vii)(G) modifying the environment and adapting processes, including the application of ergonomic principles;

                 (6)(b)(vii)(H) assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices;

                 (6)(b)(vii)(I) assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management;

                 (6)(b)(vii)(J) driver rehabilitation and community mobility;

                 (6)(b)(vii)(K) enhancing eating and feeding performance; and

                 (6)(b)(vii)(L) applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102
• Practice of speech-language pathology: means rendering, prescribing, or offering to render to individuals, groups, agencies, organizations, industries or the public any service in speech-language pathology. See Utah Code 58-41-2
• Prescription: means a written or oral order for the delivery or execution of that which has been prescribed. See Utah Code 58-41-2
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Speech-language pathologist: means :
       (18)(a) a person who practices speech-language pathology or who holds himself out to the public by any means, or by any service or function the person performs, directly or indirectly, or by using the terms "speech-language pathologist" "speech-language therapist" "language disability specialist" or any variation, derivation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions; or
       (18)(b) a person who performs any of the functions described in Subsection (19) or any related functions. See Utah Code 58-41-2
• Speech-language pathology: means the application of principles, methods, and procedures for the examination, measurement, prevention, testing, identification, evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals. See Utah Code 58-41-2
• Speech-language pathology aide: means an individual who:
       (20)(a) meets the minimum qualifications established by the board for speech-language pathology aides. See Utah Code 58-41-2
• 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
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Treatment: means the services of a speech-language pathologist or audiologist to examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior, or their effects. See Utah Code 58-41-2
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
• Venue: The geographical location in which a case is tried.
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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