Terms Used In Arizona Laws > Title 9 > Chapter 1 - Formation

• Accepted therapeutic purpose: means treatment of a disease, injury, ailment or infirmity that is competent and generally recognized as safe and effective. See Arizona Laws 32-1501
• Account: means withdrawable capital deposited with or invested in an association in accordance with any plan authorized by this chapter unless such term is otherwise designated or qualified. See Arizona Laws 6-401
• Active license: means a current valid license to practice naturopathic medicine. See Arizona Laws 32-1501
• Adequate medical records: means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, describe the treatment, accurately document the results, indicate advice and cautionary warning provided to the patient and provide sufficient information for a similarly qualified practitioner to assume continuity of the patient's care at any point in the course of treatment. See Arizona Laws 32-1501
• Adopted rule: means a final rule as defined in section 41-1001. See Arizona Laws 1-215
• Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
• Affected person: means a producer or shipper of an affected commodity. See Arizona Laws 3-401
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appraisal: A determination of property value.
• Approval: means that a regulated training or educational program to prepare persons for licensure, certification or registration has met standards established by the board. See Arizona Laws 32-1601
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means every association to which this chapter applies as defined in the section concerning scope of chapter. See Arizona Laws 6-401
• Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
• Board: means the Arizona medical board. See Arizona Laws 32-1401
• Board: means the naturopathic physicians medical board. See Arizona Laws 32-1501
• Board: means the Arizona state board of nursing. See Arizona Laws 32-1601
• Board: means the state board of dispensing opticians. See Arizona Laws 32-1671
• Board: means the state board of optometry. See Arizona Laws 32-1701
• Certified nurse midwife: means a registered nurse who:

  (a) Is certified by the board. See Arizona Laws 32-1601

• Certified nursing assistant: means a person who is registered on the registry of nursing assistants pursuant to this chapter to provide or assist in delivering nursing or nursing-related services under the supervision and direction of a licensed nursing staff member. See Arizona Laws 32-1601
• Certified registered nurse: means a registered nurse who has been certified by a national nursing credentialing agency recognized by the board. See Arizona Laws 32-1601
• Certified registered nurse anesthetist: means a registered nurse who meets the requirements of Section 32-1634. See Arizona Laws 32-1601
• Chelation therapy: means an experimental medical therapy to restore cellular homeostasis through the use of intravenous, metal-binding and bioinorganic agents such as ethylene diamine tetraacetic acid. See Arizona Laws 32-1501
• Clinical nurse specialist: means a registered nurse who:

  (a) Is certified by the board as a clinical nurse specialist. See Arizona Laws 32-1601

• clinical training program: means a program for naturopathic medical students in which the training occurred or is being conducted by or in conjunction with an approved school of naturopathic medicine. See Arizona Laws 32-1501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Completed application: means that the applicant paid the required fees and supplied all documents and information as requested by the board and in a manner acceptable to the board. See Arizona Laws 32-1501
• conditional approval: means a license or approval that specifies the conditions under which the regulated party is allowed to practice or to operate and that is prescribed by the board pursuant to section 32-1644 or 32-1663. See Arizona Laws 32-1601
• Continuing association: means the association that continues to exist after a merger of associations has been effected. See Arizona Laws 6-401
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance or immediate precursor in schedules I through V of Title 36, Chapter 27, Article 2 or the rules adopted pursuant to Title 36, Chapter 27, Article 2. See Arizona Laws 32-1501
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delegation: means transferring to a competent individual the authority to perform a selected nursing task in a designated situation in which the nurse making the delegation retains accountability for the delegation. See Arizona Laws 32-1601
• Dependent: A person dependent for support upon another.
• Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
• Direct supervision: means that a physician, physician assistant licensed pursuant to chapter 25 of this title or nurse practitioner certified pursuant to chapter 15 of this title is within the same room or office suite as the medical assistant in order to be available for consultation regarding those tasks the medical assistant performs pursuant to section 32-1456. See Arizona Laws 32-1401
• Direct supervision: means that a physician who is licensed pursuant to this chapter or chapter 13, 17 or 29 of this title:

  (a) Is physically present and within sight or sound of the person supervised and is available for consultation regarding procedures that the physician has authorized and for which the physician remains responsible. See Arizona Laws 32-1501

• Direct supervision: means the provision of direction and control through inspection and evaluation of work by consultation or instruction as needed, provided that at least one licensed dispensing optician works at each optical establishment on a full-time basis. See Arizona Laws 32-1671
• Disciplinary action: means a regulatory sanction of a license, certificate or approval pursuant to this chapter in any combination of the following:

  (a) A civil penalty for each violation of this chapter, not to exceed $1,000 for each violation. See Arizona Laws 32-1601

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispense: means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery. See Arizona Laws 32-1401
• Dispensing optician: means any person, except as provided in section 32-1691, who dispenses lenses, contact lenses, frames, artificial eyes, optical devices, appurtenances thereto or parts thereof to the intended wearer on written prescription from a duly licensed physician or optometrist, and in accordance with such prescription interprets, measures, adapts, fits or adjusts the same for the aid or correction of visual or ocular anomalies of the human eye or who duplicates, replaces, reproduces or repeats the same without prescription when there is no change in refractive value, provided that contact lenses shall never be dispensed without a written contact lense prescription being on file in any optical establishment, office of an optometrist or office of a physician or verbal confirmation of that written prescription. See Arizona Laws 32-1671
• doctor: means a natural person who is licensed to practice naturopathic medicine under this chapter. See Arizona Laws 32-1501
• Doctor of medicine: means a natural person holding a license, registration or permit to practice medicine pursuant to this chapter. See Arizona Laws 32-1401
• Donor: The person who makes a gift.
• 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}
• Federal association: means a savings and loan association or savings association operating under the laws and regulations of the United States. See Arizona Laws 6-401
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• General supervision: means that the physician is available for consultation regarding procedures that the physician has authorized and for which the physician remains responsible. See Arizona Laws 32-1501
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care institution: means any facility as defined in section 36-401, any person authorized to transact disability insurance, as defined in Title 20, Chapter 6, Article 4 or 5, any person who is issued a certificate of authority pursuant to Title 20, Chapter 4, Article 9 or any other partnership, association or corporation that provides health care to consumers. See Arizona Laws 32-1401
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Insurance corporation: means the federal deposit insurance corporation or such other instrumentality of, or corporation chartered by, the United States as may be established for the purpose of insuring the accounts of savings and loan associations or any other equivalent deposit insurer approved by the deputy director. See Arizona Laws 6-401
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• internship: means that the program in which the training occurred or is being conducted has been approved for internship training for physicians or for graduates of a school of naturopathic medicine by the board or was approved or accredited by an educational or professional association recognized by the board or by another state's or country's licensing agency recognized by the board. See Arizona Laws 32-1501
• Investment: means to put funds to use in order to secure profits. See Arizona Laws 6-401
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Jurisprudence: The study of law and the structure of the legal system.
• 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}
• Letter of concern: means a nondisciplinary advisory letter that is issued by the board to a person who is regulated under this chapter and that states that while there is insufficient evidence to support disciplinary action the board believes that the person should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the person's license, certificate or registration. See Arizona Laws 32-1501
• Letter of reprimand: means a disciplinary letter that is issued by the board and that informs a person who is regulated under this chapter that the person's conduct violates state or federal law but does not require the board to restrict the person's license, certificate or registration because the person's conduct did not result in harm to a patient or to the public. See Arizona Laws 32-1501
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed health aide: means a person who:

  (a) Is licensed pursuant to this chapter to provide or to assist in providing nursing-related services authorized pursuant to section 36-2939. See Arizona Laws 32-1601

• Licensed nursing assistant: means a person who is licensed pursuant to this chapter to provide or assist in delivering nursing or nursing-related services under the supervision and direction of a licensed nursing staff member. See Arizona Laws 32-1601
• Licensee: means a person who is licensed pursuant to this chapter or in a party state as defined in section 32-1668. See Arizona Laws 32-1601
• Licensee: means a person licensed to practice the profession of optometry pursuant to this chapter. See Arizona Laws 32-1701
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limit: means taking a nondisciplinary action that alters the physician's practice or professional activities if the board determines that there is evidence that the physician is or may be mentally or physically unable to safely engage in the practice of medicine. See Arizona Laws 32-1501
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medical assistant: means an unlicensed person who meets the requirements of section 32-1456, has completed an education program approved by the board, assists in a medical practice under the supervision of a doctor of medicine, physician assistant or nurse practitioner and performs delegated procedures commensurate with the medical assistant's education and training but does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of medicine. See Arizona Laws 32-1401
• Medically incompetent: means a person who is licensed, certified or registered pursuant to this chapter and who lacks sufficient naturopathic medical knowledge or skills, or both, to a degree that is likely to endanger the health of patients. See Arizona Laws 32-1501
• Medication order: means a written or verbal communication given by a certified registered nurse anesthetist to a health care professional to administer a drug or medication, including controlled substances. See Arizona Laws 32-1601
• medication-assisted treatment: means the use of pharmacological medications that are approved by the United States food and drug administration, in combination with counseling and behavioral therapies, to provide a whole patient approach to the treatment of substance use disorders. See Arizona Laws 32-3201.01
• Medicine: means allopathic medicine as practiced by the recipient of a degree of doctor of medicine. See Arizona Laws 32-1401
• Merger: includes consolidation. See Arizona Laws 6-401
• Merging association: means an association that plans or effects a merger with one or more other associations in accordance with the provisions of this chapter concerning merger. See Arizona Laws 6-401
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Natural substance: means a homeopathic, botanical, nutritional or other supplement that does not require a prescription pursuant to federal law before it is prescribed, dispensed or otherwise furnished to a patient and that is prescribed by a physician who is licensed pursuant to this chapter to enhance health, prevent disease or treat a medical condition diagnosed by the physician. See Arizona Laws 32-1501
• naturopathic medical assistant: means a person who is certified by the board as a medical assistant, who assists a doctor of naturopathic medicine and who may perform delegated procedures that are commensurate with the assistant's education and training under the direct supervision of a doctor of naturopathic medicine and that do not include diagnosing, designing or modifying established treatment programs or those procedures prohibited by the board or by this chapter. See Arizona Laws 32-1501
• Naturopathic medical student: means a person who is enrolled in a course of study at an approved school of naturopathic medicine. See Arizona Laws 32-1501
• Naturopathic medicine: means medicine as taught in approved schools of naturopathic medicine and in clinical, internship, preceptorship and postdoctoral training programs approved by the board and practiced by a recipient of a degree of doctor of naturopathic medicine licensed pursuant to this chapter. See Arizona Laws 32-1501
• Nurse: means a person who is licensed pursuant to chapter 15 of this title. See Arizona Laws 32-1501
• Optical establishment: means a physical location in which lenses, contact lenses, frames, artificial eyes, optical devices, appurtenances thereto or parts thereof are dispensed to the intended wearer on written prescription from a physician licensed pursuant to chapter 13 or 17 of this title or an optometrist licensed pursuant to chapter 16 of this title. See Arizona Laws 32-1671
• order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means a natural person. See Arizona Laws 32-1671
• Person: means any individual, firm, corporation, trust, association or partnership. See Arizona Laws 3-401
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
• pharmaceutical agent: means a prescription or nonprescription substance or a schedule III controlled substance used for examination, diagnosis or treatment of conditions of the human eye and its adnexa. See Arizona Laws 32-1701
• Physician: means a doctor of medicine who is licensed pursuant to this chapter. See Arizona Laws 32-1401
• Physician: means a doctor of naturopathic medicine who is licensed pursuant to this chapter. See Arizona Laws 32-1501
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• postdoctoral training: means that the program in which the training occurred or is being conducted has been approved for specialty training or for graduate medical education in naturopathic medicine by the board or approved or accredited by an educational or professional association recognized by the board or by another state's or country's licensing agency recognized by the board. See Arizona Laws 32-1501
• Practical nurse: means a person who holds a practical nurse license issued pursuant to this chapter or pursuant to a multistate compact privilege and who practices practical nursing as defined in this section. See Arizona Laws 32-1601
• Practical nursing: includes the following activities that are performed under the supervision of a physician or a registered nurse:

  (a) Contributing to the assessment of the health status of individuals and groups. See Arizona Laws 32-1601

• Practice of naturopathic medicine: means a medical system of diagnosing and treating diseases, injuries, ailments, infirmities and other conditions of the human mind and body, including by natural means, drugless methods, drugs, nonsurgical methods, devices, physical, electrical, hygienic and sanitary measures and all forms of physical agents and modalities. See Arizona Laws 32-1501
• Practice of the profession of optometry: means :

  (a) The examination or refraction of the human eye and its appendages and the employment of any objective or subjective means or methods other than surgery for the purpose of diagnosing or treating any visual, muscular, neurological or anatomical anomalies of the eye. See Arizona Laws 32-1701

• preceptorship: means that the program in which the training occurred or is being conducted has been approved for preceptorship training for physicians or for graduates of a school of naturopathic medicine by the board or was approved or accredited by an educational or professional association recognized by the board or by another state's or country's licensing agency recognized by the board. See Arizona Laws 32-1501
• Presence: means within the same health care institution or office as specified in Section 32-1634. See Arizona Laws 32-1601
• 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.
• Producer: means a person that has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities. See Arizona Laws 3-401
• professional nurse: means a person who practices registered nursing and who holds a registered nurse license issued pursuant to this chapter or pursuant to a multistate compact privilege. See Arizona Laws 32-1601
• Profits: means , as determined by the application of proper accounting principles, gross income less the aggregate of operating and other expenses, losses actually sustained and not charged to reserves under this chapter and interest paid or accrued on borrowings and non-recurring charges. See Arizona Laws 6-401
• 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.
• Quorum: The number of legislators that must be present to do business.
• Registered mail: includes certified mail. See Arizona Laws 1-215
• Registered nurse practitioner: means a registered nurse who:

  (a) Is certified by the board. See Arizona Laws 32-1601

• Registered nursing: includes the following:

  (a) Diagnosing and treating human responses to actual or potential health problems. See Arizona Laws 32-1601

• Registry of nursing assistants: means the nursing assistants registry maintained by the board pursuant to the omnibus budget reconciliation act of 1987 (P. See Arizona Laws 32-1601
• Regulated party: means any person or entity that is licensed, certified, registered, recognized or approved pursuant to this chapter. See Arizona Laws 32-1601
• 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.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restrict: means taking a disciplinary action that alters the physician's practice or professional activities if the board determines that there is evidence that the physician is or may be medically incompetent or guilty of unprofessional conduct. See Arizona Laws 32-1501
• school of naturopathic medicine: means a school, college or university determined by the board to have an educational program that meets standards prescribed by the council on naturopathic medical education, or its successor agency, and that offers a course of study that, on successful completion, results in the awarding of the degree of doctor of naturopathic medicine and whose course of study is either of the following:

  (a) Accredited or a candidate for accreditation by an accrediting agency recognized by the United States secretary of education as a specialized accrediting agency for schools of naturopathic medicine or its successor. See Arizona Laws 32-1501

• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Shipper: means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under the shipper's own registered trademark or label or a person that first markets the fruits or vegetables for the producer. See Arizona Laws 3-401
• Specialist: means a physician who has successfully completed approved postdoctoral training, who is certified by a specialty board of examiners recognized by the board and who is certified by the board to practice the specialty pursuant to this chapter. See Arizona Laws 32-1501
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Surgery: means , in reference to the human eye and its appendages, an invasive procedure in which in vivo human tissue is cut, burned, vaporized, removed, coagulated or photodisrupted by use of an electrical cautery, a scalpel, a cryoprobe, a laser or ionizing radiation. See Arizona Laws 32-1701
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Unprofessional conduct: includes the following, whether occurring in this state or elsewhere:

  (a) Intentionally disclosing a professional secret or intentionally disclosing a privileged communication except as either of these may otherwise be required by law. See Arizona Laws 32-1501

• Unprofessional conduct: includes the following, whether occurring in this state or elsewhere:

  (a) Committing fraud or deceit in obtaining, attempting to obtain or renewing a license or a certificate issued pursuant to this chapter. See Arizona Laws 32-1601

• Unprofessional conduct: means :

  (a) Wilful betrayal of a professional secret or wilful violation of a privileged communication except as otherwise required by law. See Arizona Laws 32-1701

• Venue: The geographical location in which a case is tried.
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Written assent: means a signed statement of an affected person consenting to the terms of a marketing order. See Arizona Laws 3-401