Terms Used In Utah Code > Title 26B > Chapter 5 > Part 5 - Essential Treatment and Intervention

• Accounting experience: means applying accounting and auditing skills and principles that are taught as a part of the professional education qualifying a person for licensure under this chapter and generally accepted by the profession, under the supervision of a licensed certified public accountant. See Utah Code 58-26a-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
• AICPA: means the American Institute of Certified Public Accountants. See Utah Code 58-26a-102
• 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.
• Animal physical therapy: means practicing physical therapy or physiotherapy on an animal. See Utah Code 58-24b-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.
• Appraisal: A determination of property value.
• Board: means the Utah Board of Accountancy created in Section 58-26a-201. See Utah Code 58-26a-102
• Board: means the Utah Physical Therapy Licensing Board, created in Section 58-24b-201. See Utah Code 58-24b-102
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Client: means the person who retains a licensee for the performance of one or more of the services included in the definition of the practice of public accountancy. See Utah Code 58-26a-102
• Compilation: means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presenting, in the form of financial statements, information that is the representation of management or owners, without undertaking to express any assurance on the statements. See Utah Code 58-26a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consultation by telecommunication: means the provision of expert or professional advice by a physical therapist who is licensed outside of Utah to a licensed physical therapist or a health care provider by telecommunication or electronic communication. See Utah Code 58-24b-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• CPA: means an individual currently licensed by this state or any other state, district, or territory of the United States of America to practice public accountancy or who has been granted a license as a certified public accountant under prior law or this chapter. See Utah Code 58-26a-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
• Essential treatment examiner: means :
       (2)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or
       (2)(b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501
• 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 of Commerce. See Utah Code 58-1-102
• Experience: means :
       (9)(a) accounting experience; or
       (9)(b) professional experience. See Utah Code 58-26a-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.
• General supervision: means supervision and oversight of a person by a licensed physical therapist when the licensed physical therapist is immediately available in person, by telephone, or by electronic communication to assist the person. See Utah Code 58-24b-102
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• 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.
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed physical therapist: means a person licensed under this chapter to engage in the practice of physical therapy. See Utah Code 58-24b-102
• Licensed physical therapist assistant: means a person licensed under this chapter to engage in the practice of physical therapy, subject to the provisions of Subsection 58-24b-401(2)(a). See Utah Code 58-24b-102
• 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
• Licensee: means the holder of a current valid license issued under this chapter. See Utah Code 58-26a-102
• Licensing examination: means a nationally recognized physical therapy examination that is approved by the division, in consultation with the board. See Utah Code 58-24b-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• On-site supervision: means supervision and oversight of a person by a licensed physical therapist or a licensed physical therapist assistant when the licensed physical therapist or licensed physical therapist assistant is:
       (8)(a) continuously present at the facility where the person is providing services;
       (8)(b) immediately available to assist the person; and
       (8)(c) regularly involved in the services being provided by the person. See Utah Code 58-24b-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.
• PCAOB: means the Public Company Accounting Oversight Board. See Utah Code 58-26a-102
• 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
• Physical impairment: means :
       (9)(a) a mechanical impairment;
       (9)(b) a physiological impairment;
       (9)(c) a developmental impairment;
       (9)(d) a functional limitation;
       (9)(e) a disability;
       (9)(f) a mobility impairment; or
       (9)(g) a bodily malfunction. See Utah Code 58-24b-102
• Physical therapy aide: means a person who:
       (11)(a) is trained, on-the-job, by a licensed physical therapist; and
       (11)(b) provides routine assistance to a licensed physical therapist or licensed physical therapist assistant, while the licensed physical therapist or licensed physical therapist assistant practices physical therapy, within the scope of the licensed physical therapist's or licensed physical therapist assistant's license. See Utah Code 58-24b-102
• physiotherapy: means :
            (10)(a)(i) examining, evaluating, and testing an individual who has a physical impairment or injury;
            (10)(a)(ii) identifying or labeling a physical impairment or injury;
            (10)(a)(iii) formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain;
            (10)(a)(iv) assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury;
            (10)(a)(v) treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention;
            (10)(a)(vi) reducing the risk of an injury or physical impairment;
            (10)(a)(vii) providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes;
            (10)(a)(viii) promoting and maintaining health and fitness;
            (10)(a)(ix) the administration of a prescription drug pursuant to Section 58-24b-403;
            (10)(a)(x) subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58-24b-405; and
            (10)(a)(xi) engaging in administration, consultation, education, and research relating to the practices described in this Subsection (10)(a). See Utah Code 58-24b-102
• Practice of public accounting: means , while holding oneself out as a certified public accountant, offering to perform or performing one or more kinds of services involving the use of auditing or accounting skills, including issuing reports or opinions on financial statements, performing attestation engagements, performing one or more kinds of advisory or consulting services, preparing tax returns, or furnishing advice on tax matters for a client. See Utah Code 58-26a-102
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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.
• Qualified business entity: means a sole proprietorship, corporation, limited liability company, or partnership engaged in the practice of public accountancy. See Utah Code 58-26a-102
• Recognized accreditation agency: means an accreditation agency that:
       (12)(a) grants accreditation, nationally, in the United States of America; and
       (12)(b) is approved by the division, in consultation with the board. See Utah Code 58-24b-102
• Relative: means an adult who is a spouse, parent, stepparent, grandparent, child, or sibling of an individual. See Utah Code 26B-5-501
• 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.
• Report: when used with reference to financial statements, means:
            (20)(a)(i) an opinion, report, or other form of language that:

                 (20)(a)(i)(A) states or implies assurance as to the reliability of the attested information or compiled financial statements; or

                 (20)(a)(i)(B) implies that the person or firm issuing the report has special knowledge or competence in accounting or auditing and specifically includes compilations and reviews; such an implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is a public accountant or auditor, or from the language of the report itself; or
            (20)(a)(ii) any disclaimer of opinion when it is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or language suggesting special competence on the part of the person or firm issuing such language; and the report includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence. See Utah Code 58-26a-102
• Serious harm: means the individual, due to substance use disorder, is at serious risk of:
       (4)(a) drug overdose;
       (4)(b) suicide;
       (4)(c) serious bodily self-injury;
       (4)(d) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter; or
       (4)(e) causing or attempting to cause serious bodily injury to another individual. See Utah Code 26B-5-501
• 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.
• 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.
• Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
• Substantial equivalency: means a determination by the division in collaboration with the board or the board's designee that:
            (22)(a)(i) the education, examination, and experience requirements set forth in the statutes and administrative rules of another state are comparable to or exceed the education, examination, and experience requirements set forth in the Uniform Accountancy Act; or
            (22)(a)(ii) an individual CPA's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements set forth in the Uniform Accountancy Act. See Utah Code 58-26a-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutic intervention: includes :
       (15)(a) therapeutic exercise, with or without the use of a device;
       (15)(b) functional training in self-care, as it relates to physical movement and mobility;
       (15)(c) community or work integration, as it relates to physical movement and mobility;
       (15)(d) manual therapy, including:

            (15)(d)(i) soft tissue mobilization;

            (15)(d)(ii) therapeutic massage; or

            (15)(d)(iii) joint mobilization, as defined by the division, by rule;
       (15)(e) prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic, protective, or supportive device;
       (15)(f) airway clearance techniques, including postural drainage;
       (15)(g) integumentary protection and repair techniques;
       (15)(h) wound debridement, cleansing, and dressing;
       (15)(i) the application of a physical agent, including:

            (15)(i)(i) light;

            (15)(i)(ii) heat;

            (15)(i)(iii) cold;

            (15)(i)(iv) water;

            (15)(i)(v) air;

            (15)(i)(vi) sound;

            (15)(i)(vii) compression;

            (15)(i)(viii) electricity; and

            (15)(i)(ix) electromagnetic radiation;
       (15)(j) mechanical or electrotherapeutic modalities;
       (15)(k) positioning;
       (15)(l) instructing or training a patient in locomotion or other functional activities, with or without an assistive device;
       (15)(m) manual or mechanical traction;
       (15)(n) correction of posture, body mechanics, or gait; and
       (15)(o) trigger point dry needling, under the conditions described in Section 58-24b-505. See Utah Code 58-24b-102
• Trigger point dry needling: means the stimulation of a trigger point using a dry needle to treat neuromuscular pain and functional movement deficits. See Utah Code 58-24b-102
• Uniform Accountancy Act: means the model public accountancy legislation developed and promulgated by national accounting and regulatory associations that contains standardized definitions and regulations for the practice of public accounting as recognized by the division in collaboration with the board. See Utah Code 58-26a-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-26a-502 and as may be further defined by rule. See Utah Code 58-26a-102
• 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.
• 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