Utah Code 58-70c-102. Section 1 — Definitions
Terms Used In Utah Code 58-70c-102
- 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
- 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
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
In this Compact:
A. “Adverse Action” means any administrative, civil, equitable, or criminal action permitted by a State‘s laws which is imposed by a Licensing Board or other authority against a PA License or License application or Compact Privilege such as License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee’s practice.
B. “Compact Privilege” means the authorization granted by a Remote State to allow a Licensee from another Participating State to practice as a PA to provide Medical Services and other licensed activity to a patient located in the Remote State under the Remote State’s laws and regulations.
C. “Conviction” means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
D. “Criminal Background Check” means the submission of fingerprints or other biometric-based information for a License applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R.
E. “Data System” means the repository of information about Licensees, including but not limited to License status and Adverse Actions, which is created and administered under the terms of this Compact.
F. “Executive Committee” means a group of directors and ex-officio individuals elected or appointed pursuant to Section 7.F.2.
G. “Impaired Practitioner” means a PA whose practice is adversely affected by health-related condition(s) that impact their ability to practice.
H. “Investigative Information” means information, records, or documents received or generated by a Licensing Board pursuant to an investigation.
I. “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and Rules governing the practice of a PA in a State.
J. “License” means current authorization by a State, other than authorization pursuant to a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without current authorization.
K. “Licensee” means an individual who holds a License from a State to provide Medical Services as a PA.
L. “Licensing Board” means any State entity authorized to license and otherwise regulate PAs.
M. “Medical Services” means health care services provided for the diagnosis, prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a State’s laws and regulations.
N. “Model Compact” means the model for the PA Licensure Compact on file with The Council of State Governments or other entity as designated by the Commission.
O. “Participating State” means a State that has enacted this Compact.
P. “PA” means an individual who is licensed as a physician assistant in a State. For purposes of this Compact, any other title or status adopted by a State to replace the term “physician assistant” shall be deemed synonymous with “physician assistant” and shall confer the same rights and responsibilities to the Licensee under the provisions of this Compact at the time of its enactment.
Q. “PA Licensure Compact Commission,” “Compact Commission,” or “Commission” mean the national administrative body created pursuant to Section 7.A of this Compact.
R. “Qualifying License” means an unrestricted License issued by a Participating State to provide Medical Services as a PA.
S. “Remote State” means a Participating State where a Licensee who is not licensed as a PA is exercising or seeking to exercise the Compact Privilege.
T. “Rule” means a regulation promulgated by an entity that has the force and effect of law.
U. “Significant Investigative Information” means Investigative Information that a Licensing Board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by State law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
V. “State” means any state, commonwealth, district, or territory of the United States.