Terms Used In Utah Code > Title 26B > Chapter 6 > Part 8 - Rights and Privileges of Minors and Individuals with a Disability

• Accredited program: means a degree-offering program from:

  (a)	an institution, college, or university that is accredited by the Department of Education or the Council for Higher Education Accreditation; or

  (b)

  a non-accredited institution, college, or university that offers education equivalent to Department of Education-accredited programs, as determined by a third party selected by the board. See Utah Code 58-20b-102 Adjudicative proceeding: means :Utah Code 68-3-12.5 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. Animal physical therapy: means practicing physical therapy or physiotherapy on an animal. See Utah Code 58-24b-102 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. Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902 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 Board: means the Environmental Health Scientist Board created in Section 58-20b-201. See Utah Code 58-20b-102 Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102 Board: means the Utah Physical Therapy Licensing Board, created in Section 58-24b-201. See Utah Code 58-24b-102 Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102 Cancer drug: means a drug that controls or kills neoplastic cells and includes a drug used in chemotherapy to destroy cancer cells. See Utah Code 58-17b-902 Charitable clinic: means a charitable nonprofit corporation that: (a)  holds a valid exemption from federal income taxation issued under Section 501(a), Internal Revenue Code; (b)  is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; (c)  provides, on an outpatient basis, for a period of less than 24 consecutive hours, to an individual not residing or confined at a facility owned or operated by the charitable nonprofit corporation: (i)  advice; (ii)  counseling; (iii)  diagnosis; (iv)  treatment; (v)  surgery; or (vi)  care or services relating to the preservation or maintenance of health; and (d)  has a licensed outpatient pharmacy. See Utah Code 58-17b-902 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consultation by telecommunication: means the provision of expert or professional advice by a physical therapist who is licensed outside of Utah to a licensed physical therapist or a health care provider by telecommunication or electronic communication. See Utah Code 58-24b-102 Continuance: Putting off of a hearing ot trial until a later time. 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 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. Cosmetic drug: means a prescription drug that: (i)  is for the purpose of promoting attractiveness or altering the appearance of an individual; and (ii)  (A)  is listed as a cosmetic drug subject to the exemption under this section by the division by administrative rule; or (B)  has been expressly approved for online dispensing, whether or not it is dispensed online or through a physician's office. See Utah Code 58-17b-802 County health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-902 Cross examine: Questioning of a witness by the attorney for the other side. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dependent: A person dependent for support upon another. 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 Dispensing medical practitioner clinic pharmacy: means a closed-door pharmacy located within a licensed dispensing medical practitioner's place of practice. See Utah Code 58-17b-102 Donated prescription drug: means a prescription drug that an eligible donor or individual donates to an eligible pharmacy under the program. See Utah Code 58-17b-902 Donor: The person who makes a gift. 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 Eligible donor: means a donor that donates a prescription drug from within the state and is: (a)  a nursing care facility; (b)  an assisted living facility; (c)  a licensed intermediate care facility for people with an intellectual disability; (d)  a manufacturer; (e)  a pharmaceutical wholesale distributor; (f)  an eligible pharmacy; or (g)  a physician's office. See Utah Code 58-17b-902 Eligible pharmacy: means a pharmacy that: (a)  is registered by the division as eligible to participate in the program; and (b)  (i)  is licensed in the state as a Class A retail pharmacy; or (ii)  is operated by: (A)  a county; (B)  a county health department; (C)  a pharmacy under contract with a county health department; (D)  the Department of Health and Human Services created in Section 26B-1-201; or (E)  a charitable clinic. See Utah Code 58-17b-902 Eligible prescription drug: includes a medication-assisted treatment drug that may be accepted, transferred, and dispensed under the program in accordance with federal law. See Utah Code 58-17b-902 Employer sponsored clinic: means : (a)  an entity that has a medical director who is licensed as a physician as defined in Section 58-67-102 and offers health care only to the employees of an exclusive group of employers and the employees' dependents; or (b)  a clinic designated as a clinic for state employees and their dependents by the Public Employees' Benefit and Insurance Program under the pilot program created by Section 49-20-413 including all the patients at that clinic, regardless of the patients' participation in the pilot program. See Utah Code 58-17b-802 Epinephrine auto-injector: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002 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. 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. Fund: means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103. See Utah Code 58-22-102 General supervision: means the supervising environmental health scientist is available for immediate voice communication with the person he or she is supervising. See Utah Code 58-20b-102 General supervision: means supervision and oversight of a person by a licensed physical therapist when the licensed physical therapist is immediately available in person, by telephone, or by electronic communication to assist the person. See Utah Code 58-24b-102 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 Health care: is a s defined in Section 31A-1-301. See Utah Code 58-17b-802 Informed consent: means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception. See Utah Code 26B-6-801 Injectable weight loss drug: means an injectable prescription drug: (i)  prescribed to promote weight loss; and (ii)  listed as an injectable prescription drug subject to exemption under this section by the division by administrative rule. See Utah Code 58-17b-802 Institutionalized: means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility. See Utah Code 26B-6-801 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 :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Licensed intermediate care facility for people with an intellectual disability: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902 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 Licensed physical therapist: means a person licensed under this chapter to engage in the practice of physical therapy. See Utah Code 58-24b-102 Licensed physical therapist assistant: means a person licensed under this chapter to engage in the practice of physical therapy, subject to the provisions of Subsection 58-24b-401(2)(a). See Utah Code 58-24b-102 Licensing examination: means a nationally recognized physical therapy examination that is approved by the division, in consultation with the board. See Utah Code 58-24b-102 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 58-17b-1002 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 Medically indigent individual: means an individual who: (a)  (i)  does not have health insurance; and (ii)  lacks reasonable means to purchase prescribed medications; or (b)  (i)  has health insurance; and (ii)  lacks reasonable means to pay the insured's portion of the cost of the prescribed medications. See Utah Code 58-17b-902 Medication-assisted treatment drug: means buprenorphine prescribed to treat substance use withdrawal symptoms or an opiate use disorder. See Utah Code 58-17b-902 NCEES: means the National Council of Examiners for Engineering and Surveying. See Utah Code 58-22-102 Nursing care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-17b-902 On-site supervision: means supervision and oversight of a person by a licensed physical therapist or a licensed physical therapist assistant when the licensed physical therapist or licensed physical therapist assistant is: (a)  continuously present at the facility where the person is providing services; (b)  immediately available to assist the person; and (c)  regularly involved in the services being provided by the person. See Utah Code 58-24b-102 Oversight: Committee review of the activities of a Federal agency or program. 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 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 wholesaler or distributor: means a pharmaceutical facility engaged in the business of wholesale vending or selling of a prescription drug or device to other than a consumer or user of the prescription drug or device that the pharmaceutical facility has not produced, manufactured, compounded, or dispensed. 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 intern: means an individual licensed by this state to engage in practice as a pharmacy intern. See Utah Code 58-17b-102 Physical impairment: means : (a)  a mechanical impairment; (b)  a physiological impairment; (c)  a developmental impairment; (d)  a functional limitation; (e)  a disability; (f)  a mobility impairment; or (g)  a bodily malfunction. See Utah Code 58-24b-102 Physical therapy aide: means a person who: (a)  is trained, on-the-job, by a licensed physical therapist; and (b)  provides routine assistance to a licensed physical therapist or licensed physical therapist assistant, while the licensed physical therapist or licensed physical therapist assistant practices physical therapy, within the scope of the licensed physical therapist's or licensed physical therapist assistant's license. See Utah Code 58-24b-102 Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-17b-1002 physiotherapy: means : (i)  examining, evaluating, and testing an individual who has a physical impairment or injury; (ii)  identifying or labeling a physical impairment or injury; (iii)  formulating a therapeutic intervention plan for the treatment of a physical impairment, injury, or pain; (iv)  assessing the ongoing effects of therapeutic intervention for the treatment of a physical impairment or injury; (v)  treating or alleviating a physical impairment by designing, modifying, or implementing a therapeutic intervention; (vi)  reducing the risk of an injury or physical impairment; (vii)  providing instruction on the use of physical measures, activities, or devices for preventative and therapeutic purposes; (viii)  promoting and maintaining health and fitness; (ix)  the administration of a prescription drug pursuant to Section 58-24b-403; (x)  subject to Subsection 58-28-307(12)(b), engaging in the functions described in Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the requirements of Section 58-24b-405; and (xi)  engaging in administration, consultation, education, and research relating to the practices described in this Subsection (10)(a). See Utah Code 58-24b-102 Practice of environmental health science: means : (a)  the enforcement of, the issuance of permits required by, or the inspection for the purpose of enforcing state and local public health laws in the following areas: (i)  air quality; (ii)  food safety; (iii)  solid, hazardous, and toxic substances disposal; (iv)  consumer product safety; (v)  housing; (vi)  noise control; (vii)  radiation protection; (viii)  water quality; (ix)  vector control; (x)  drinking water quality; (xi)  milk sanitation; (xii)  rabies control; (xiii)  public health nuisances; (xiv)  indoor clean air regulations; (xv)  institutional and residential sanitation; or (xvi)  recreational facilities sanitation; or (b)  representing oneself in any manner as, or using the titles "environmental health scientist" "environmental health scientist-in-training" or "registered sanitarian. See Utah Code 58-20b-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 practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102 practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including: (i)  buildings and other structures representing a substantial hazard to human life, which include: (A)  buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300; (B)  buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250; (C)  buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities; (D)  health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities; (E)  jails and detention facilities with a gross area greater than 3,000 square feet; and (F)  buildings and other structures with an occupant load greater than 5,000; (ii)  buildings and other structures designated as essential facilities, including: (A)  hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet; (B)  fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet; (C)  designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet; (D)  designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet; (E)  power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet; (F)  structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and (G)  aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and (iii)  buildings and other structures requiring special consideration, including: (A)  structures or buildings that are normally occupied by human beings and are five stories or more in height; (B)  structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and (C)  buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102 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 Prepackaged drug: means a prescription drug that: (a)  is not listed under federal or state law as a Schedule I, II, III, IV, or V drug; and (b)  is packaged in a fixed quantity per package by: (i)  the drug manufacturer; (ii)  a pharmaceutical wholesaler or distributor; or (iii)  a pharmacy licensed under this title. See Utah Code 58-17b-802 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. Principal: means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice. See Utah Code 58-22-102 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 engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102 Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102 Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102 Program: means the Charitable Prescription Drug Recycling Program created in Section 58-17b-903. See Utah Code 58-17b-902 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public funds: includes : (i)  Medicaid funds; and (ii)  Medicaid waiver funds. See Utah Code 26B-6-101 Qualified adult: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002 Qualified epinephrine auto-injector entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002 Qualified stock albuterol entity: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recognized accreditation agency: means an accreditation agency that: (a)  grants accreditation, nationally, in the United States of America; and (b)  is approved by the division, in consultation with the board. See Utah Code 58-24b-102 Retail pharmacy: means a pharmaceutical facility dispensing prescription drugs and devices to the general public. See Utah Code 58-17b-102 Service animal: includes any dog that: (i)  is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and (ii)  performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including: (A)  assisting an individual who is blind or has low vision with navigation or other tasks; (B)  alerting an individual who is deaf or hard of hearing to the presence of people or sounds; (C)  providing non-violent protection or rescue work; (D)  pulling a wheelchair; (E)  assisting an individual during a seizure; (F)  alerting an individual to the presence of an allergen; (G)  retrieving an item for the individual; (H)  providing physical support and assistance with balance and stability; or (I)  helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. See Utah Code 26B-6-801 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. 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 Sterilization: means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation. See Utah Code 26B-6-801 Stock albuterol: means the same as that term is defined in Section 26B-4-401. See Utah Code 58-17b-1002 Structure: means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102 Summons: Another word for subpoena used by the criminal justice system. Supervision: means that a licensed professional engineer, professional structural engineer, or professional land surveyor is responsible for and personally reviews, corrects when necessary, and approves work performed by an employee, subordinate, associate, or drafter under the direction of the licensee, and may be further defined by rule by the division in collaboration with the board. See Utah Code 58-22-102 Support animal: means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability. See Utah Code 26B-6-801 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Testing: includes measurement or evaluation of: (i)  muscle strength, force, endurance, or tone; (ii)  cardiovascular fitness; (iii)  physical work capacity; (iv)  joint motion, mobility, or stability; (v)  reflexes or autonomic reactions; (vi)  movement skill or accuracy; (vii)  sensation; (viii)  perception; (ix)  peripheral nerve integrity; (x)  locomotor skills, stability, and endurance; (xi)  the fit, function, and comfort of prosthetic, orthotic, or other assistive devices; (xii)  posture; (xiii)  body mechanics; (xiv)  limb length, circumference, and volume; (xv)  thoracic excursion and breathing patterns; (xvi)  activities of daily living related to physical movement and mobility; (xvii)  functioning in the physical environment at home or work, as it relates to physical movement and mobility; and (xviii)  neural muscular responses. See Utah Code 58-24b-102 Therapeutic intervention: includes : (a)  therapeutic exercise, with or without the use of a device; (b)  functional training in self-care, as it relates to physical movement and mobility; (c)  community or work integration, as it relates to physical movement and mobility; (d)  manual therapy, including: (i)  soft tissue mobilization; (ii)  therapeutic massage; or (iii)  joint mobilization, as defined by the division, by rule; (e)  prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic, protective, or supportive device; (f)  airway clearance techniques, including postural drainage; (g)  integumentary protection and repair techniques; (h)  wound debridement, cleansing, and dressing; (i)  the application of a physical agent, including: (i)  light; (ii)  heat; (iii)  cold; (iv)  water; (v)  air; (vi)  sound; (vii)  compression; (viii)  electricity; and (ix)  electromagnetic radiation; (j)  mechanical or electrotherapeutic modalities; (k)  positioning; (l)  instructing or training a patient in locomotion or other functional activities, with or without an assistive device; (m)  manual or mechanical traction; (n)  correction of posture, body mechanics, or gait; and (o)  trigger point dry needling, under the conditions described in Section 58-24b-505. See Utah Code 58-24b-102 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trigger point dry needling: means the stimulation of a trigger point using a dry needle to treat neuromuscular pain and functional movement deficits. See Utah Code 58-24b-102 Unit pack: means the same as that term is defined in Section 58-17b-503. See Utah Code 58-17b-902 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-20b-501 and as may be further defined by division rule. See Utah Code 58-20b-102 Writing: includes :Utah Code 68-3-12.5