Terms Used In Utah Code > Title 26B > Chapter 7 > Part 2 - Detection and Management of Chronic and Communicable Diseases andPublic Health Emergencies

• 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 in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102
• 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.
• 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.
• Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102
• Board: means the Certified Nurse Midwife Board created in Section 58-44a-201. See Utah Code 58-44a-102
• Board: means the Board of Massage Therapy created in Section 58-47b-201. See Utah Code 58-47b-102
• Breast: means the female mammary gland and does not include the muscles, connective tissue, or other soft tissue of the upper chest. See Utah Code 58-47b-102
• Carrier: means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. See Utah Code 26B-7-201
• Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consultation and Referral Plan: means a written plan jointly developed by a certified nurse midwife, as defined in Subsection (7), and a consulting physician that permits the certified nurse midwife to prescribe schedule II-III controlled substances in consultation with the consulting physician. See Utah Code 58-44a-102
• Consulting physician: means a physician and surgeon or osteopathic physician:
       (4)(a) with an unrestricted license as a physician;
       (4)(b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and
       (4)(c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102
• Contact: means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection. See Utah Code 26B-7-201
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Dietetics: includes :
       (3)(a) the evaluation of a person's dietary status;
       (3)(b) the advising and education of persons on dietary needs; and
       (3)(c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. See Utah Code 58-49-2
• Direct supervision: means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation. See Utah Code 58-46a-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• End stage renal disease facility: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
• Epidemic: means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. See Utah Code 26B-7-201
• 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 of Commerce. See Utah Code 58-1-102
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• 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.
• Fraud: Intentional deception resulting in injury to another.
• General acute hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
• hearing aid: means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories. See Utah Code 58-46a-102
• Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102
• Homeostasis: means maintaining, stabilizing, or returning to equilibrium the muscular system. See Utah Code 58-47b-102
• Incubation period: means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question. See Utah Code 26B-7-201
• Indirect supervision: means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. See Utah Code 58-46a-102
• Individual: means a natural person. See Utah Code 58-44a-102
• Individual treatment plan: includes :
            (2)(b)(i) planning and directing specific exercises and programs to improve sensory integration and motor functioning at the level of performance neurologically appropriate for the individual's stage of development;
            (2)(b)(ii) establishing a program of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning;
            (2)(b)(iii) analyzing, selecting, and adapting functional exercises to achieve and maintain the client's optimal functioning in activities of daily living and to prevent further disability; and
            (2)(b)(iv) planning and directing specific programs to evaluate and enhance perceptual, motor, and cognitive skills. See Utah Code 58-42a-102
• Infected individual: means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. See Utah Code 26B-7-201
• Infection: means the entry and development or multiplication of an infectious agent in the body of man or animals. See Utah Code 26B-7-201
• Infectious agent: means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease. See Utah Code 26B-7-201
• Infectious disease: means a disease of man or animals resulting from an infection. See Utah Code 26B-7-201
• Isolation: means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others. See Utah Code 26B-7-201
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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.
• 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 food: means the same as that term is defined in Section 4-1-109. See Utah Code 26B-7-201
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Man: means an adult human male. See Utah Code 68-3-12.5
• Massage apprentice: means an individual licensed under this chapter as a massage apprentice. See Utah Code 58-47b-102
• Massage assistant: means an individual licensed under this chapter as a massage assistant. See Utah Code 58-47b-102
• Massage assistant in-training: means an individual licensed under this chapter as a massage assistant in-training. See Utah Code 58-47b-102
• Massage therapist: means an individual licensed under this chapter as a massage therapist. See Utah Code 58-47b-102
• Massage therapy supervisor: means :
       (8)(a) a massage therapist who has at least three years of experience as a massage therapist and has engaged in the lawful practice of massage therapy for at least 3,000 hours;
       (8)(b) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
       (8)(c) a physician licensed under Chapter 67, Utah Medical Practice Act;
       (8)(d) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical Practice Act;
       (8)(e) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
       (8)(f) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act. See Utah Code 58-47b-102
• 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.
• Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-102
• Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
• Occupational therapy aide: means a person who is not licensed under this chapter but who provides supportive services under the supervision of an occupational therapist or occupational therapy assistant. 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
• Order of constraint: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-7-201
• 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
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102
• Practice as a certified nurse midwife: means :
       (9)(a) practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee;
       (9)(b) practice of nursing within the generally recognized scope and standards of nurse midwifery as defined by rule and consistent with professionally recognized preparations and educational standards of a certified nurse midwife by a person licensed under this chapter, which practice includes:

            (9)(b)(i) having a safe mechanism for obtaining medical consultation, collaboration, and referral with one or more consulting physicians who have agreed to consult, collaborate, and receive referrals, but who are not required to sign a written document regarding the agreement;

            (9)(b)(ii) providing a patient with information regarding other health care providers and health care services and referral to other health care providers and health care services when requested or when care is not within the scope of practice of a certified nurse midwife; and

            (9)(b)(iii) maintaining written documentation of the parameters of service for independent and collaborative midwifery management and transfer of care when needed; and
       (9)(c) the authority to:

            (9)(c)(i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient;

            (9)(c)(ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate;

            (9)(c)(iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of:

                 (9)(c)(iii)(A) prescription drugs;

                 (9)(c)(iii)(B) schedule IV-V controlled substances; and

                 (9)(c)(iii)(C) schedule II-III controlled substances in accordance with a consultation and referral plan;

            (9)(c)(iv) evaluate the results of patient care;

            (9)(c)(v) consult as is appropriate regarding patient care and the results of patient care;

            (9)(c)(vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia;

            (9)(c)(vii) manage the postpartum period;

            (9)(c)(viii) provide gynecological services;

            (9)(c)(ix) provide noncomplicated newborn and infant care to the age of one year; and

            (9)(c)(x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-102
• Practice of a hearing instrument specialist: means :
       (5)(a) establishing a place of business to practice as a hearing instrument specialist;
       (5)(b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;
       (5)(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;
       (5)(d) prescribing an appropriate hearing instrument;
       (5)(e) making impressions or earmolds for the fitting of a hearing instrument;
       (5)(f) sale and professional placement of the hearing instrument on a patient;
       (5)(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;
       (5)(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or
       (5)(i) instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102
• Practice of limited massage therapy: means :
            (9)(a)(i) the systematic manual manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, relaxation, or achieving homeostasis;
            (9)(a)(ii) seated chair massage;
            (9)(a)(iii) the use of body wraps;
            (9)(a)(iv) aromatherapy;
            (9)(a)(v) reflexology; or
            (9)(a)(vi) in connection with an activity described in this Subsection (9), the use of:

                 (9)(a)(vi)(A) the hands;

                 (9)(a)(vi)(B) a towel;

                 (9)(a)(vi)(C) a stone;

                 (9)(a)(vi)(D) a shell;

                 (9)(a)(vi)(E) a bamboo stick; or

                 (9)(a)(vi)(F) an herbal ball compress. See Utah Code 58-47b-102
• Practice of massage therapy: means :
       (10)(a) the examination, assessment, and evaluation of the soft tissue structures of the body for the purpose of devising a treatment plan to promote homeostasis;
       (10)(b) the systematic manual or mechanical manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, or achieving homeostasis, or for any other purpose;
       (10)(c) the use of the hands or a mechanical or electrical apparatus in connection with this Subsection (10);
       (10)(d) the use of rehabilitative procedures involving the soft tissue of the body;
       (10)(e) range of motion or movements without spinal adjustment as set forth in Section 58-73-102;
       (10)(f) the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths;
       (10)(g) manual traction and stretching exercise;
       (10)(h) correction of muscular distortion by treatment of the soft tissues of the body;
       (10)(i) counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain;
       (10)(j) activities and modality techniques similar or related to the activities and techniques described in this Subsection (10);
       (10)(k) a practice described in this Subsection (10) on an animal to the extent permitted by:

            (10)(k)(i) Subsection 58-28-307(12);

            (10)(k)(ii) the provisions of this chapter; and

            (10)(k)(iii) division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
       (10)(l) providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact. See Utah Code 58-47b-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
• 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.
• 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.
• Quarantine: means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission. See Utah Code 26B-7-201
• 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.
• School: means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, Head Start program, kindergarten, elementary, or secondary school through grade 12. See Utah Code 26B-7-201
• 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.
• Sexually transmitted disease: means those diseases transmitted through sexual intercourse or any other sexual contact. See Utah Code 26B-7-201
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Soft tissue: means the muscles and related connective tissue. See Utah Code 58-47b-102
• Specialty hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Supervising hearing instrument specialist: means a hearing instrument specialist who:
       (6)(a) is licensed by and in good standing with the division;
       (6)(b) has practiced full-time as a hearing instrument specialist for not less than two years; and
       (6)(c) is approved as a supervisor by the division. See Utah Code 58-46a-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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 Subsection 58-1-501(1). See Utah Code 58-1-102
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-47b-501. See Utah Code 58-47b-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-47b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-47b-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