Terms Used In Utah Code > Title 26B > Chapter 8 > Part 4 - Health Statistics

• 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, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-71-102
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Board: means the Acupuncture Licensing Board created in Section 58-72-201. See Utah Code 58-72-102
• 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.
• 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.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Diagnose: means :
       (4)(a) to examine in any manner another individual, parts of an individual's body, substances, fluids, or materials excreted, taken, or removed from an individual's body, or produced by an individual's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition;
       (4)(b) to attempt to conduct an examination or determination described under Subsection (4)(a);
       (4)(c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (4)(a); or
       (4)(d) to make an examination or determination as described in Subsection (4)(a) upon or from information supplied directly or indirectly by another individual, whether or not in the presence of the individual the examination or determination concerns. See Utah Code 58-71-102
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Health data: means any information, except vital records as defined in Section 26B-8-101, relating to the health status of individuals, the availability of health resources and services, and the use and cost of these resources and services. See Utah Code 26B-8-401
• Identifiable health data: means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable. See Utah Code 26B-8-401
• Individual: means a natural person. See Utah Code 26B-8-401
• Injection therapy: includes using ultrasound guidance to ensure that an injection is only a subcutaneous injection or an intramuscular injection. See Utah Code 58-72-102
• 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.
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Moxibustion: means a heat therapy that uses the herb moxa to heat acupuncture points of the body. See Utah Code 58-72-102
• Naturopathic physician: means an individual licensed under this chapter to engage in the practice of naturopathic medicine. See Utah Code 58-71-102
• Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part of any of these. See Utah Code 26B-8-401
• 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 :
       (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
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of acupuncture: means the insertion of acupuncture needles, the use of injection therapy, and the application of moxibustion to specific areas of the body based on traditional oriental medical diagnosis and modern research as a primary mode of therapy. See Utah Code 58-72-102
• Practice of naturopathic medicine: means :
       (13)(a) a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injuries, and diseases that uses education, natural medicines, and natural therapies, to support and stimulate the patient's intrinsic self-healing processes by:

            (13)(a)(i) using naturopathic childbirth, but only if:

                 (13)(a)(i)(A) the licensee meets standards of the American College of Naturopathic Obstetricians (ACNO) or ACNO's successor as determined by the division in collaboration with the board; and

                 (13)(a)(i)(B) the licensee follows a written plan for naturopathic physicians practicing naturopathic childbirth approved by the division in collaboration with the board, which includes entering into an agreement with a consulting physician and surgeon or osteopathic physician, in cases where the scope of practice of naturopathic childbirth may be exceeded and specialty care and delivery is indicated, detailing the guidelines by which the naturopathic physician will:

                      (13)(a)(i)(B)(I) refer patients to the consulting physician; and

                      (13)(a)(i)(B)(II) consult with the consulting physician;

            (13)(a)(ii) using naturopathic mobilization therapy;

            (13)(a)(iii) using naturopathic physical medicine;

            (13)(a)(iv) using minor office procedures;

            (13)(a)(v) prescribing or administering natural medicine;

            (13)(a)(vi) prescribing medical equipment and devices, diagnosing by the use of medical equipment and devices, and administering therapy or treatment by the use of medical devices necessary and consistent with the competent practice of naturopathic medicine;

            (13)(a)(vii) prescribing barrier devices for contraception;

            (13)(a)(viii) using dietary therapy;

            (13)(a)(ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiological function tests;

            (13)(a)(x) taking of body fluids for clinical laboratory tests and using the results of the tests in diagnosis;

            (13)(a)(xi) taking of a history from and conducting of a physical examination upon a human patient; and

            (13)(a)(xii) administering local anesthesia during the performance of a minor office procedure;
       (13)(b) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (13)(a), whether or not for compensation; or
       (13)(c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "naturopathic physician" "naturopathic doctor" "naturopath" "doctor of naturopathic medicine" "doctor of naturopathy" "naturopathic medical doctor" "naturopathic medicine" "naturopathic health care" "naturopathy" "N. See Utah Code 58-71-102
• 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
• Research and statistical purposes: means the performance of activities relating to health data, including:
       (6)(a) describing the group characteristics of individuals or organizations;
       (6)(b) analyzing the interrelationships among the various characteristics of individuals or organizations;
       (6)(c) the conduct of statistical procedures or studies to improve the quality of health data;
       (6)(d) the design of sample surveys and the selection of samples of individuals or organizations;
       (6)(e) the preparation and publication of reports describing these matters; and
       (6)(f) other related functions. See Utah Code 26B-8-401
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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 Sections 58-1-501 and 58-71-501. See Utah Code 58-71-102
• Unlawful conduct: means the same as that term is defined in Subsection 58-1-501(1). See Utah Code 58-1-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-71-502, and as may be further defined by division rule. See Utah Code 58-71-102
• Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-72-503, and as may be further defined by division rule. See Utah Code 58-72-102
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• 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