Terms Used In Utah Code > Title 58 > Chapter 16a - Utah Optometry Practice Act

• 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
• Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alternative channels of distribution: means any mail order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section. See Utah Code 58-16a-903
• Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
• Board: means the Optometrist Licensing Board created in Section 58-16a-201. See Utah Code 58-16a-102
• Competitor: means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer. See Utah Code 58-16a-903
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contact lens: means any lens that:
       (2)(a) has a spherical, cylindrical, or prismatic power or curvature;
       (2)(b) is made pursuant to a current prescription; and
       (2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
• Contact lens prescription: means a written or verbal order for contact lenses that includes:
            (3)(a)(i) the commencement date of the prescription;
            (3)(a)(ii) the base curve, power, diameter, material or brand name, and expiration date;
            (3)(a)(iii) for a written order, the signature of the prescribing optometrist or physician; and
            (3)(a)(iv) for a verbal order, a record maintained by the recipient of:

                 (3)(a)(iv)(A) the name of the prescribing optometrist or physician; and

                 (3)(a)(iv)(B) the date when the prescription was issued or ordered. See Utah Code 58-16a-102
• Contact lens prescription verification: means a written request from a person who sells or provides contact lenses that:
       (4)(a) is sent to the prescribing optometrist or physician; and
       (4)(b) seeks the confirmation of the accuracy of a patient's prescription. See Utah Code 58-16a-102
• 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.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Designated examiner: means :
       (8)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or
       (8)(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 mental illness. See Utah Code 26B-5-301
• Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• 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.
• Eye and its adnexa: means the human eye and all structures situated within the orbit, including the conjunctiva, lids, lashes, and lacrimal system. See Utah Code 58-16a-102
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Informed waiver: means the patient was informed of a right and, after being informed of that right and the patient's right to waive the right, expressly communicated his or her intention to waive that right. See Utah Code 26B-5-301
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Laser surgery: means surgery in which human tissue is cut, burned, or vaporized by means of laser or ionizing radiation. See Utah Code 58-16a-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
• Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
• Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903
• Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
• Mental health officer: means an individual who is designated by a local mental health authority as qualified by training and experience in the recognition and identification of mental illness, to:
       (17)(a) apply for and provide certification for a temporary commitment; or
       (17)(b) assist in the arrangement of transportation to a designated mental health facility. See Utah Code 26B-5-301
• Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
• Mental illness: means :
       (18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
       (18)(b) the same as that term is defined in:

            (18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or

            (18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
• Ophthalmic lens: means any lens used to treat the eye and that:
       (8)(a) has a spherical, cylindrical, or prismatic power;
       (8)(b) is made pursuant to an unexpired prescription; and
       (8)(c) is intended to be used in eyeglasses or spectacles. See Utah Code 58-16a-102
• Optometric assistant: means an unlicensed individual:
       (9)(a) working under the direct and immediate supervision of a licensed optometrist; and
       (9)(b) engaged in specific tasks assigned by the licensed optometrist in accordance with the standards and ethics of the profession. See Utah Code 58-16a-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.
• Patient: means an individual who is:
       (20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or
       (20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
• 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 an individual who is:
       (21)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
       (21)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301
• 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.
• Prescriber: means an individual licensed or authorized to prescribe contact lenses under this title. See Utah Code 58-16a-903
• 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
• 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 hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
• Substantial danger: means that due to mental illness, an individual is at serious risk of:
       (24)(a) suicide;
       (24)(b) serious bodily self-injury;
       (24)(c) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter;
       (24)(d) causing or attempting to cause serious bodily injury to another individual;
       (24)(e) engaging in harmful sexual conduct; or
       (24)(f) if not treated, suffering severe and abnormal mental, emotional, or physical distress that:

            (24)(f)(i) is associated with significant impairment of judgment, reason, or behavior; and

            (24)(f)(ii) causes a substantial deterioration of the individual's previous ability to function independently. See Utah Code 26B-5-301
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unexpired: means a prescription that was issued:
       (15)(a) for ophthalmic lenses which does not expire unless the optometrist or physician includes an expiration date on the prescription based on medical reasons that are documented in the patient's file; and
       (15)(b) in accordance with Subsection (3) for a contact lens. See Utah Code 58-16a-102
• 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
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
• 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