Terms Used In Utah Code > Title 26B > Chapter 9 > Part 1 - Office of Recovery Services

• Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
• 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
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistance: means public assistance. See Utah Code 26B-9-101
• Board: means the Professional Geologist Licensing Board created in Section 58-76-201. See Utah Code 58-76-102
• Child: means the same as that term is defined in Section 81-6-101. See Utah Code 26B-9-101 v2
• Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
• Child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, Utah Code 26B-9-101
• Client: means a woman and her fetus or newborn baby under the care of a direct-entry midwife. See Utah Code 58-77-102
• 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.
• Compensation: means anything of economic value in excess of $100 that is paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in consideration of personal services, materials, or property. See Utah Code 58-79-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Decedent: A deceased person.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Direct-entry midwife: means an individual who is engaging in the practice of direct-entry midwifery. See Utah Code 58-77-102
• Director: means the director of the Office of Recovery Services. See Utah Code 26B-9-101
• 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
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• 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 appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Financial institution: means :
       (8)(a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, Utah Code 26B-9-101
• Financial record: means the same as that term is defined in the Right to Financial Privacy Act of 1978, Utah Code 26B-9-101 v2
• 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}
• Genetic counselor: means a person licensed under this chapter to engage in the practice of genetic counseling. See Utah Code 58-75-102
• Geology: means the science, which treats the study of the earth in general, the earth's processes and history, investigation of the earth's crust and the rocks and other materials of which it is composed, and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gases, and other materials for the use of mankind. See Utah Code 58-76-102
• Hunting: means to locate, pursue, chase, catch, capture, trap, or kill wildlife. See Utah Code 58-79-102
• Hunting guide: means an individual who:
       (3)(a) offers or provides hunting guide services on public lands for compensation; and
       (3)(b) is retained for compensation by an outfitter. See Utah Code 58-79-102
• Hunting guide services: means to guide, lead, or assist an individual in hunting wildlife. See Utah Code 58-79-102
• Income: includes :
            (10)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
            (10)(b)(ii) interest and dividends;
            (10)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;
            (10)(b)(iv) unemployment compensation benefits;
            (10)(b)(v) workers' compensation benefits; and
            (10)(b)(vi) disability benefits. See Utah Code 26B-9-101
• IV-D child support services: means the same as child support services. See Utah Code 26B-9-101
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Licensed direct-entry midwife: means a person licensed under this chapter. See Utah Code 58-77-102
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Low risk: means a labor and delivery and postpartum, newborn, and interconceptual care that does not include a condition that requires a mandatory transfer under administrative rules adopted by the division. See Utah Code 58-77-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• New hire registry: means the centralized new hire registry created in Section 35A-7-103. See Utah Code 26B-9-101
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-101
• Obligor: means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-101
• Office: means the Office of Recovery Services. See Utah Code 26B-9-101
• Outfitter: means an individual who offers or provides outfitting or hunting guide services for compensation to another individual for hunting wildlife on public lands. See Utah Code 58-79-102
• Outfitting services: means providing, for hunting wildlife on public lands:
            (6)(a)(i) transportation of people, equipment, supplies, or wildlife to or from a location;
            (6)(a)(ii) packing, protecting, or supervising services; or
            (6)(a)(iii) hunting guide services. See Utah Code 58-79-102
• 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
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Physician: means an individual licensed as a physician and surgeon, osteopathic physician, or naturopathic physician. See Utah Code 58-77-102
• Practice of direct-entry midwifery: means the practice of providing the necessary supervision, care, and advice to a client during essentially normal pregnancy, labor, delivery, postpartum, and newborn periods that is consistent with national professional midwifery standards and that is based upon the acquisition of clinical skills necessary for the care of a pregnant woman and a newborn baby, including antepartum, intrapartum, postpartum, newborn, and limited interconceptual care, and includes:
       (7)(a) obtaining an informed consent to provide services;
       (7)(b) obtaining a health history, including a physical examination;
       (7)(c) developing a plan of care for a client;
       (7)(d) evaluating the results of client care;
       (7)(e) consulting and collaborating with and referring and transferring care to licensed health care professionals, as is appropriate, regarding the care of a client;
       (7)(f) obtaining medications, as specified in this Subsection (7)(f), to administer to a client, including:

            (7)(f)(i) prescription vitamins;

            (7)(f)(ii) Rho D immunoglobulin;

            (7)(f)(iii) sterile water;

            (7)(f)(iv) one dose of intramuscular oxytocin after the delivery of a baby to minimize a client's blood loss;

            (7)(f)(v) an additional single dose of oxytocin if a hemorrhage occurs, in which case the licensed direct-entry midwife must initiate transfer if a client's condition does not immediately improve;

            (7)(f)(vi) oxygen;

            (7)(f)(vii) local anesthetics without epinephrine used in accordance with Subsection (7)(l);

            (7)(f)(viii) vitamin K to prevent hemorrhagic disease of a newborn baby;

            (7)(f)(ix) as required by law, eye prophylaxis to prevent opthalmia neonatorum; and

            (7)(f)(x) any other medication approved by a licensed health care provider with authority to prescribe that medication;
       (7)(g) obtaining food, food extracts, dietary supplements, as defined by the federal Food, Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as prescription drugs or controlled substances, and over-the-counter medications to administer to clients;
       (7)(h) obtaining and using appropriate equipment and devices such as a Doppler, a blood pressure cuff, phlebotomy supplies, instruments, and sutures;
       (7)(i) obtaining appropriate screening and testing, including laboratory tests, urinalysis, and ultrasound scans;
       (7)(j) managing the antepartum period;
       (7)(k) managing the intrapartum period, including:

            (7)(k)(i) monitoring and evaluating the condition of a mother and a fetus;

            (7)(k)(ii) performing an emergency episiotomy; and

            (7)(k)(iii) delivering a baby in any out-of-hospital setting;
       (7)(l) managing the postpartum period, including the suturing of an episiotomy and the suturing of first and second degree natural perineal and labial lacerations, including the administration of a local anesthetic;
       (7)(m) managing the newborn period, including:

            (7)(m)(i) providing care for a newborn baby, including performing a normal newborn baby examination; and

            (7)(m)(ii) resuscitating a newborn baby;
       (7)(n) providing limited interconceptual services in order to provide continuity of care, including:

            (7)(n)(i) breastfeeding support and counseling;

            (7)(n)(ii) family planning, limited to natural family planning, cervical caps, and diaphragms; and

            (7)(n)(iii) pap smears, where each client with an abnormal result is to be referred to an appropriate licensed health care provider; and
       (7)(o) executing the orders of a licensed health care professional, if the orders are within the education, knowledge, and skill of the direct-entry midwife. See Utah Code 58-77-102
• Practice of genetic counseling: means the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family:
       (2)(a) comprehend the medical facts, including the diagnosis, probable cause of the disorder, and the available management;
       (2)(b) appreciate the way heredity contributes to the disorder and the risk of occurrence in specified relatives;
       (2)(c) understand the alternatives for dealing with the risk of occurrence;
       (2)(d) choose the course of action which seems appropriate to them in view of their risk, their family goals, and their ethical and religious standards, and to act in accordance with that decision; and
       (2)(e) make the best possible psychosocial adjustment to the disorder in an affected family member or to the risk of occurrence of that disorder. See Utah Code 58-75-102
• Practice of geology before the public: means the performance of geology including but not limited to consultation, investigation, evaluation, planning, geologic mapping, interpretation of geologic data, preparation of geologic reports, geologic cross-sections and geologic maps, inspection of geological work, and the responsible supervision thereof, the performance of which is relevant to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter. See Utah Code 58-76-102
• 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.
• Probate: Proving a will
• 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
• Professional geologist: means a person licensed under this chapter to engage in the practice of geology before the public. See Utah Code 58-76-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public assistance: means :
       (18)(a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
       (18)(b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
       (18)(c) foster care maintenance payments under Part E of Title IV of the Social Security Act, Utah Code 26B-9-101
• Public lands: means any lands owned by the United States, the state, or a political subdivision or independent entity of the state that are open to the public for purposes of engaging in a wildlife related activity. See Utah Code 58-79-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Responsible charge: means the independent control and direction by use of initiative, skill, and independent judgment of geological work or the supervision of the work. See Utah Code 58-76-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• State case registry: means the central, automated record system maintained by the office and the central, automated district court record system maintained by the Administrative Office of the Courts, that contains records which use standardized data elements, such as names, Social Security numbers and other uniform identification numbers, dates of birth, and case identification numbers, with respect to:
       (19)(a) each case in which services are being provided by the office under the state IV-D child support services plan; and
       (19)(b) each support order established or modified in the state on or after October 1, 1998. See Utah Code 26B-9-101
• Subordinate: means any individual who practices geology or assists a professional geologist in the practice of geology before the public without assuming the responsible charge for the work. See Utah Code 58-76-102
• Summons: Another word for subpoena used by the criminal justice system.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• 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: is a s defined in Sections 58-1-501 and 58-76-501. See Utah Code 58-76-102
• Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-77-501. See Utah Code 58-77-102
• Unprofessional conduct: is a s defined in Section 58-1-501 and as may be further defined by rule by the division in collaboration with the board. See Utah Code 58-76-102
• Wildlife: means cougar, bear, and big game animals as defined in Subsection 23A-1-101(6). See Utah Code 58-79-102
• 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