Terms Used In Utah Code > Title 26B > Chapter 6 > Part 7 - Disability Ombudsman

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administering: means :

  (a)	the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject by another person; or

  (b)

  the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written or verbal directions of the veterinarian. See Utah Code 58-17b-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Adulterated drug or device: means a drug or device considered adulterated under 21 U. See Utah Code 58-17b-102 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. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beyond use date: means the date determined by a pharmacist and placed on a prescription label at the time of dispensing that indicates to the patient or caregiver a time beyond which the contents of the prescription are not recommended to be used. See Utah Code 58-17b-102 board: means the Utah State Board of Pharmacy created in Section 58-17b-201. See Utah Code 58-17b-102 Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701 Compounding: means the preparation, mixing, assembling, packaging, or labeling of a limited quantity drug, sterile product, or device: (i)  as the result of a practitioner's prescription order or initiative based on the practitioner, patient, or pharmacist relationship in the course of professional practice; (ii)  for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing; or (iii)  in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. See Utah Code 58-17b-102 Contract: A legal written agreement that becomes binding when signed. Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 58-17b-102 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. Director: means the director of the division. See Utah Code 26B-6-101 Dispense: means the interpretation, evaluation, and implementation of a prescription drug order or device or nonprescription drug or device under a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient, research subject, or an animal. See Utah Code 58-17b-102 Dispensing medical practitioner: means an individual who is: (a)  currently licensed as: (i)  a physician and surgeon under Chapter 67, Utah Medical Practice Act; (ii)  an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical Practice Act; (iii)  a physician assistant under Chapter 70a, Utah Physician Assistant Act; (iv)  a nurse practitioner under Chapter 31b, Nurse Practice Act; or (v)  an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist is acting within the scope of practice for an optometrist; and (b)  licensed by the division under the Pharmacy Practice Act to engage in the practice of a dispensing medical practitioner. See Utah Code 58-17b-102 Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101 Drug: means : (i)  a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (ii)  a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only; (iii)  a substance other than food intended to affect the structure or any function of the body of humans or other animals; and (iv)  substances intended for use as a component of any substance specified in Subsections (26)(a)(i), (ii), (iii), and (iv). See Utah Code 58-17b-102 Electronic signature: means a trusted, verifiable, and secure electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 58-17b-102 Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Utah Code 58-17b-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. Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Fraud: Intentional deception resulting in injury to another. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hospital pharmacy: means a pharmacy providing pharmaceutical care to inpatients of a general acute hospital or specialty hospital licensed by the Department of Health and Human Services under 2. See Utah Code 58-17b-102 Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5 Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. 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. Licensed pharmacy technician: means an individual licensed with the division, that may, under the supervision of a pharmacist, perform the activities involved in the technician practice of pharmacy. See Utah Code 58-17b-102 Manufacturer: means a person or business physically located in Utah licensed to be engaged in the manufacturing of drugs or devices. See Utah Code 58-17b-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701 Out-of-state mail service pharmacy: means a pharmaceutical facility located outside the state that is licensed and in good standing in another state, that: (a)  ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in this state pursuant to a lawfully issued prescription; (b)  provides information to a patient in this state on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses; or (c)  counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs. See Utah Code 58-17b-102 Patient counseling: means the written and oral communication by the pharmacist or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of drugs, devices, and dietary supplements. See Utah Code 58-17b-102 Person: means :Utah Code 68-3-12.5 Pharmaceutical administration facility: means a facility, agency, or institution in which: (a)  prescription drugs or devices are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency; (b)  prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and (c)  prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency. See Utah Code 58-17b-102 Pharmaceutical facility: means a business engaged in the dispensing, delivering, distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this state. See Utah Code 58-17b-102 Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy. See Utah Code 58-17b-102 Pharmacist-in-charge: means a pharmacist currently licensed in good standing who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of the pharmacy and all personnel. See Utah Code 58-17b-102 Pharmacy: means any place where: (a)  drugs are dispensed; (b)  pharmaceutical care is provided; (c)  drugs are processed or handled for eventual use by a patient; or (d)  drugs are used for the purpose of analysis or research. See Utah Code 58-17b-102 Pharmacy benefits manager or coordinator: means a person or entity that provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf of a self-insured employer, insurance company, health maintenance organization, or other plan sponsor, as defined by rule. See Utah Code 58-17b-102 Pharmacy intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102 Pharmacy manager: means : (a)  a pharmacist-in-charge; (b)  a licensed pharmacist designated by a licensed pharmacy to consult on the pharmacy's administration; (c)  an individual who manages the facility in which a licensed pharmacy is located; (d)  an individual who oversees the operations of a licensed pharmacy; (e)  an immediate supervisor of an individual described in Subsections (54)(a) through (d); or (f)  another operations or site manager of a licensed pharmacy. See Utah Code 58-17b-102 Practice of pharmacy: includes the following: (a)  providing pharmaceutical care; (b)  collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement; (c)  compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is: (i)  pursuant to a lawful order of a practitioner when one is required by law; and (ii)  in accordance with written guidelines or protocols: (A)  established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or (B)  approved by the division, in collaboration with the board and, when appropriate, the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist; (d)  participating in drug utilization review; (e)  ensuring proper and safe storage of drugs and devices; (f)  maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession; (g)  providing information on drugs or devices, which may include advice relating to therapeutic values, potential hazards, and uses; (h)  providing drug product equivalents; (i)  supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians; (j)  providing patient counseling, including adverse and therapeutic effects of drugs; (k)  providing emergency refills as defined by rule; (l)  telepharmacy; (m)  formulary management intervention; (n)  prescribing and dispensing a self-administered hormonal contraceptive in accordance with 5; and (o)  issuing a prescription in accordance with Section 58-17b-627. See Utah Code 58-17b-102 Practitioner: means an individual currently licensed, registered, or otherwise authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Utah Code 58-17b-102 Prescribe: means to issue a prescription: (a)  orally or in writing; or (b)  by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-17b-102 Prescription: means an order issued: (a)  by a licensed practitioner in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and (b)  for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-17b-102 Prescription drug: means a drug that is required by federal or state law or rule to be dispensed only by prescription or is restricted to administration only by practitioners. See Utah Code 58-17b-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. 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 profile: means a record system maintained as to drugs or devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze the profile to provide pharmaceutical care. See Utah Code 58-17b-102 Research using pharmaceuticals: means research: (a)  conducted in a research facility, as defined by division rule, that is associated with a university or college in the state accredited by the Northwest Commission on Colleges and Universities; (b)  requiring the use of a controlled substance, prescription drug, or prescription device; (c)  that uses the controlled substance, prescription drug, or prescription device in accordance with standard research protocols and techniques, including, if required, those approved by an institutional review committee; and (d)  that includes any documentation required for the conduct of the research and the handling of the controlled substance, prescription drug, or prescription device. See Utah Code 58-17b-102 Rights and privileges of an individual with a disability: means the rights and privileges of an individual with a disability described in Subsections 26B-6-802(1) through (3). See Utah Code 26B-6-701 Self-administered hormonal contraceptive: includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. See Utah Code 58-17b-102 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 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Supervising pharmacist: means a pharmacist who is overseeing the operation of the pharmacy during a given day or shift. See Utah Code 58-17b-102 Supportive personnel: means unlicensed individuals who: (a)  may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed pharmacy technician in nonjudgmental duties not included in the definition of the practice of pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as those duties may be further defined by division rule adopted in collaboration with the board; and (b)  are supervised by a pharmacist in accordance with rules adopted by the division in collaboration with the board. See Utah Code 58-17b-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 Sections 58-1-501 and 58-17b-501. See Utah Code 58-17b-102 Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-17b-502 and may be further defined by rule. See Utah Code 58-17b-102 Writing: includes :Utah Code 68-3-12.5