Terms Used In Utah Code > Title 58 > Chapter 69 - Dentist and Dental Hygienist 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 who is at least 18 years old. See Utah Code 26B-8-301
• Agent: means an individual:
       (2)(a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
       (2)(b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26B-8-301
• 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.
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26B-8-301
• 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.
• Asynchronous technology: means store-and-forward technology that allows a licensed dental professional to transmit a patient's health information to a dentist for viewing at a later time. See Utah Code 58-69-102
• Board: means the Dentist and Dental Hygienist Licensing Board created in Section 58-69-201. See Utah Code 58-69-102
• 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.
• Decedent: A deceased person.
• Decedent: means :
       (4)(a) a deceased individual whose body or part is or may be the source of an anatomical gift; and
       (4)(b) includes:

            (4)(b)(i) a stillborn infant; and

            (4)(b)(ii) subject to restrictions imposed by law other than this part, a fetus. See Utah Code 26B-8-301
• Dental assistant: means an unlicensed individual who engages in, directly or indirectly, supervised acts and duties as defined by division rule made in collaboration with the board. See Utah Code 58-69-102
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Disinterested witness: means :
            (5)(a)(i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or
            (5)(a)(ii) another adult who exhibited special care and concern for the individual. See Utah Code 26B-8-301
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 26B-8-301
• Donor: The person who makes a gift.
• Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26B-8-301
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 26B-8-301
• Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26B-8-301
• 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.
• Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Utah Code 26B-8-301
• General supervision: means that the supervising dentist is available for consultation regarding work the supervising dentist has authorized, without regard as to whether the supervising dentist is located on the same premises as the person being supervised. See Utah Code 58-69-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Utah Code 26B-8-301
• Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 26B-8-301
• Indirect supervision: means that the supervising dentist is present within the facility in which the person being supervised is providing services and is available to provide immediate face-to-face communication with the person being supervised. See Utah Code 58-69-102
• 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.
• Know: means to have actual knowledge. See Utah Code 26B-8-301
• 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
• Minor: means an individual who is under 18 years of age. See Utah Code 26B-8-301
• 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.
• Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See Utah Code 26B-8-301
• Parent: means a parent whose parental rights have not been terminated. See Utah Code 26B-8-301
• Part: means an organ, an eye, or tissue of a human being. See Utah Code 26B-8-301
• 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
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 26B-8-301
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 26B-8-301
• Practice of dental hygiene: means , regarding humans:
       (7)(a) under the general supervision of a dentist, or under a written agreement with a dentist licensed under this chapter, as provided in Section 58-69-801, to:

            (7)(a)(i) perform preliminary clinical examination of human teeth and gums;

            (7)(a)(ii) make preliminary instrumental examination of patients' teeth;

            (7)(a)(iii) expose dental radiographs;

            (7)(a)(iv) assess dental hygiene status and collaborate with the supervising dentist regarding a dental hygiene treatment plan for a patient;

            (7)(a)(v) remove deposits, accumulations, calculus, and concretions from the surfaces of human teeth;

            (7)(a)(vi) remove toxins and debris from subgingival surfaces;

            (7)(a)(vii) provide dental hygiene care in accordance with a dentist's treatment plan for a patient;

            (7)(a)(viii) take impressions of teeth or jaws except for impressions or registrations to supply artificial teeth as substitutes for natural teeth; or

            (7)(a)(ix) engage in other practices of dental hygiene as defined by division rule;
       (7)(b) under the indirect supervision of a dentist to administer in accordance with standards and ethics of the professions of dentistry and dental hygiene:

            (7)(b)(i) local anesthesia; or

            (7)(b)(ii) nitrous oxide analgesia;
       (7)(c) to represent oneself by any title, degree, or in any other way as being a dental hygienist; or
       (7)(d) to direct a dental assistant when the supervising dentist is not on the premises. See Utah Code 58-69-102
• Practice of dentistry: means the following, regarding humans:
       (8)(a) to offer, undertake, or represent that a person will undertake by any means or method, including teledentistry, to:

            (8)(a)(i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease, pain, injury, deficiency, deformity, or any other condition of the human teeth, alveolar process, gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region;

            (8)(a)(ii) take an appropriate history and physical consistent with the level of professional service to be provided and the available resources in the facility in which the service is to be provided;

            (8)(a)(iii) take impressions or registrations;

            (8)(a)(iv) supply artificial teeth as substitutes for natural teeth;

            (8)(a)(v) remove deposits, accumulations, calculus, and concretions from the surfaces of teeth; and

            (8)(a)(vi) correct or attempt to correct malposition of teeth;
       (8)(b) to administer anesthetics necessary or proper in the practice of dentistry only as allowed by an anesthesia permit obtained from the division;
       (8)(c) to administer and prescribe drugs related to and appropriate in the practice of dentistry;
       (8)(d) to supervise the practice of a dental hygienist or dental assistant as established by division rule made in collaboration with the board; or
       (8)(e) to represent oneself by any title, degree, or in any other way that one is a dentist. See Utah Code 58-69-102
• 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
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Utah Code 26B-8-301
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public health setting: means :
       (9)(a) an individual's residence, if the individual is unable to leave the residence;
       (9)(b) a school, as part of a school-based program;
       (9)(c) a nursing home;
       (9)(d) an assisted living or long-term care facility;
       (9)(e) a community health center;
       (9)(f) a federally-qualified health center; or
       (9)(g) a mobile dental health program that employs a dentist who is licensed under this chapter. See Utah Code 58-69-102
• Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 26B-8-301
• Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Utah Code 26B-8-301
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 26B-8-301
• Refusal: means a record created under Section 26B-8-306 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 26B-8-301
• Sign: means , with the present intent to authenticate or adopt a record:
       (27)(a) to execute or adopt a tangible symbol; or
       (27)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 26B-8-301
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-8-301
• 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
• Supervising dentist: means a licensed dentist who has agreed to provide supervision of a dental hygienist or unlicensed individual in accordance with the provisions of this chapter. See Utah Code 58-69-102
• Teledentistry: means the practice of dentistry using synchronous or asynchronous technology. See Utah Code 58-69-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tissue: means a portion of the human body other than an organ or an eye. See Utah Code 26B-8-301
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Utah Code 26B-8-301
• 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 58-69-501. See Utah Code 58-69-102
• Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-69-502 and as may be further defined by rule. See Utah Code 58-69-102
• 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