Terms Used In Arizona Laws > Title 8 > Chapter 13 > Article 5 - Early Childhood Development and Health Board

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Active license: means a valid and existing license to practice medicine. See Arizona Laws 32-1401
• Adequate records: means legible medical records, produced by hand or electronically, containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another practitioner to assume continuity of the patient's care at any point in the course of treatment. See Arizona Laws 32-1401
• Advisory letter: means a nondisciplinary letter to notify a licensee that either:

  (a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee. See Arizona Laws 32-1401

• 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.
• Allegation: something that someone says happened.
• 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.
• Approved school of medicine: means any school or college offering a course of study that, on successful completion, results in the degree of doctor of medicine and whose course of study has been approved or accredited by an educational or professional association, recognized by the board, including the association of American medical colleges, the association of Canadian medical colleges or the American medical association. See Arizona Laws 32-1401
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorizing agent: means a person who is legally entitled to order the cremation, disinterment or embalming of human remains pursuant to Section 32-1365. See Arizona Laws 32-1301
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means a person whose future funeral arrangements will be handled by a funeral establishment pursuant to a prearranged funeral agreement. See Arizona Laws 32-1301
• Board: means the Arizona early childhood development and health board established by this chapter. See Arizona Laws 8-1152
• Board: means the Arizona medical board. See Arizona Laws 32-1401
• Business entity: includes any corporation, association, limited liability company, professional corporation, partnership, limited partnership, sole proprietorship, business trust, trust, joint venture and other business entity. See Arizona Laws 32-1301
• Casket: means a rigid container that is designed to permanently encase human remains and that is usually constructed of wood, metal or synthetic substances and ornamented and lined with fabric. See Arizona Laws 32-1301
• Change of ownership: means a transfer of a controlling legal or equitable interest in a licensed funeral establishment or crematory resulting from a sale or merger. See Arizona Laws 32-1301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Completed application: means that the applicant has supplied all required fees, information and correspondence requested by the board on forms and in a manner acceptable to the board. See Arizona Laws 32-1401
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Cremated remains: means the remaining bone fragments after cremation. See Arizona Laws 32-1301
• Cremation: means the heating process that reduces human remains to bone fragments by combustion and evaporation. See Arizona Laws 32-1301
• Cremation container: means a leak and spill resistant, rigid, combustible, closed receptacle into which human remains are placed before cremation. See Arizona Laws 32-1301
• Cremationist: means a person who operates a crematory retort, who performs the actual cremation of human remains and who may be licensed pursuant to article 6 of this chapter. See Arizona Laws 32-1301
• Crematory: means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated. See Arizona Laws 32-1301
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of child safety. See Arizona Laws 8-201
• Department: means the department of health services. See Arizona Laws 32-1301
• Direct supervision: means that a physician, physician assistant licensed pursuant to chapter 25 of this title or nurse practitioner certified pursuant to chapter 15 of this title is within the same room or office suite as the medical assistant in order to be available for consultation regarding those tasks the medical assistant performs pursuant to section 32-1456. See Arizona Laws 32-1401
• Director: means the director of the department. See Arizona Laws 8-201
• Director: means the director of the department. See Arizona Laws 32-1301
• Disciplinary action: means an action taken to revoke or suspend a license, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules. See Arizona Laws 32-1301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispense: means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery. See Arizona Laws 32-1401
• Doctor of medicine: means a natural person holding a license, registration or permit to practice medicine pursuant to this chapter. See Arizona Laws 32-1401
• Donor: The person who makes a gift.
• Early childhood development and health programs: means programs and services provided to children prior to kindergarten and their families for the purpose of assisting child development by providing education and other support, including parent and family support programs, child care, preschool, health screenings and access to preventive health services. See Arizona Laws 8-1152
• Embalmer: means a person who is licensed pursuant to this chapter and who is engaged in embalming. See Arizona Laws 32-1301
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a bank, savings and loan association, trust company or credit union that is lawfully doing business in this state and that is not affiliated with a funeral establishment. See Arizona Laws 32-1301
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed price prearranged funeral agreement funded by trust: means any agreement or combination of agreements that establishes a fixed price for funeral goods and services, that requires a funeral establishment to provide those funeral goods and services at the price levels in effect at the time of the execution of the agreement and that requires the purchaser to convey all or a portion of the accrued interest to the funeral establishment at the time that the funeral goods and services are actually provided. See Arizona Laws 32-1301
• Fraud: Intentional deception resulting in injury to another.
• Full-time faculty member: means a physician who is employed full time as a faculty member while holding the academic position of assistant professor or a higher position at an approved school of medicine. See Arizona Laws 32-1401
• Funded by insurance: means that monies for a prearranged funeral agreement are paid directly to an insurance company licensed pursuant to title 20 on behalf of the beneficiary of the agreement. See Arizona Laws 32-1301
• Funeral director: means a person who is licensed pursuant to this chapter and who is engaged in funeral directing. See Arizona Laws 32-1301
• Funeral establishment: means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies. See Arizona Laws 32-1301
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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.
• Health care institution: means any facility as defined in section 36-401, any person authorized to transact disability insurance, as defined in Title 20, Chapter 6, Article 4 or 5, any person who is issued a certificate of authority pursuant to Title 20, Chapter 4, Article 9 or any other partnership, association or corporation that provides health care to consumers. See Arizona Laws 32-1401
• Holding facility: means a designated area for retaining human remains. See Arizona Laws 32-1301
• Human remains: means a lifeless human body or parts of a human body that allow a reasonable inference that death occurred. See Arizona Laws 32-1301
• Immediate family: means the spouse, natural or adopted children, father, mother, brothers and sisters of the doctor of medicine and the natural or adopted children, father, mother, brothers and sisters of the doctor of medicine's spouse. See Arizona Laws 32-1401
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Letter of reprimand: means a disciplinary letter that is issued by the board and that informs the physician that the physician's conduct violates state or federal law and may require the board to monitor the physician. See Arizona Laws 32-1401
• License: means a written authorization that is issued by the department and that entitles a person to act as a funeral director or embalmer or to operate a funeral establishment, crematory or alkaline hydrolysis facility in this state. See Arizona Laws 32-1301
• Licensee: means a person to whom the department has issued a license under this chapter. See Arizona Laws 32-1301
• Limit: means taking a nondisciplinary action that alters the physician's practice or professional activities if the board determines that there is evidence that the physician is or may be mentally or physically unable to safely engage in the practice of medicine. See Arizona Laws 32-1401
• Manage: means :

  (a) That a responsible funeral director exercises control and oversight over all employees of a funeral establishment and over funeral transactions, including caring for dead human bodies, funeral services and activities and documenting and retaining records. See Arizona Laws 32-1301

• Medical assistant: means an unlicensed person who meets the requirements of section 32-1456, has completed an education program approved by the board, assists in a medical practice under the supervision of a doctor of medicine, physician assistant or nurse practitioner and performs delegated procedures commensurate with the medical assistant's education and training but does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of medicine. See Arizona Laws 32-1401
• Medical peer review: means :

  (a) The participation by a doctor of medicine in the review and evaluation of the medical management of a patient and the use of resources for patient care. See Arizona Laws 32-1401

• Medically incompetent: means a person who the board determines is incompetent based on a variety of factors, including:

  (a) A lack of sufficient medical knowledge or skills, or both, to a degree likely to endanger the health of patients. See Arizona Laws 32-1401

• Medicine: means allopathic medicine as practiced by the recipient of a degree of doctor of medicine. See Arizona Laws 32-1401
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Office-based surgery: means a medical procedure conducted in a physician's office or other outpatient setting that is not part of a licensed hospital or licensed ambulatory surgical center. See Arizona Laws 32-1401
• 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: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Person legally responsible: means the person responsible for burying a dead body as determined in section 36-831. See Arizona Laws 32-1301
• Physician: means a doctor of medicine who is licensed pursuant to this chapter. See Arizona Laws 32-1401
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Prearranged funeral agreement: means any agreement or combination of agreements under which a payment is made before the death of the intended beneficiary for funeral goods and services to be delivered or performed after the death of the beneficiary. See Arizona Laws 32-1301
• Prearranged funeral trust account: means a trust account that is established at a financial institution and into which all monies paid on behalf of a beneficiary pursuant to a prearranged funeral agreement are deposited. See Arizona Laws 32-1301
• 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 citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Responsible cremationist: means a licensed cremationist who manages a crematory. See Arizona Laws 32-1301
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restrict: means taking a disciplinary action that alters the physician's practice or professional activities if the board determines that there is evidence that the physician is or may be medically incompetent or guilty of unprofessional conduct. See Arizona Laws 32-1401
• Retort: means an enclosed space within which cremation takes place. See Arizona Laws 32-1301
• sexual conduct: includes :

  (i) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual. See Arizona Laws 32-1401

• Special purpose licensing examination: means an examination that is developed by the national board of medical examiners on behalf of the federation of state medical boards for use by state licensing boards to test the basic medical competence of physicians who are applying for licensure and who have been in practice for a considerable period of time in another jurisdiction and to determine the competence of a physician who is under investigation by a state licensing board. See Arizona Laws 32-1401
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
• supervision: means that a licensed embalmer has responsibility for and is within sight and sound of a person who is embalming a dead human body or assisting in embalming a dead human body. See Arizona Laws 32-1301
• Teaching license: means a valid license to practice medicine as a full-time faculty member of an approved school of medicine or a teaching hospital's accredited graduate medical education program. See Arizona Laws 32-1401
• Temporary container: means a receptacle that is usually made of cardboard, rigid plastic or another similar material and that is designed to hold processed cremated remains until they are placed in an urn or another permanent container. See Arizona Laws 32-1301
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust funds: means all monies that are deposited on behalf of a beneficiary of a prearranged funeral agreement funded by trust and all accrued net interest. See Arizona Laws 32-1301
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Universal precautions: means the universal blood and fluid precautions recommended by the centers for disease control of the United States public health service to prevent the transmission of bloodborne and bodily fluid-borne infectious diseases. See Arizona Laws 32-1301
• Unprofessional conduct: includes the following, whether occurring in this state or elsewhere:

  (a) Violating any federal or state laws, rules or regulations applicable to the practice of medicine. See Arizona Laws 32-1401

• Urn: means a receptacle into which processed cremated remains are placed for disposition. See Arizona Laws 32-1301
• Writing: includes printing. See Arizona Laws 1-215