Utah Code > Title 26B > Chapter 8 > Part 2 – Utah Medical Examiner
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Terms Used In Utah Code > Title 26B > Chapter 8 > Part 2 - Utah Medical Examiner
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrative penalty: means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct in accordance with a fine schedule established by rule and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-44a-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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.
- 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.
- 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.
- Audiologist: means a person who practices audiology or who holds himself out to the public directly or indirectly by any means, act, title, identification, performance, method, or procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected by or suspected of having disorders of or conditions of hearing loss, or assists persons in achieving the reception, communication, and perception of sound and determines the range, nature, and degree of hearing function related to communication needs, or provides audiology services and uses audio electronic equipment and provides audiology services and consultation regarding noise control and hearing conservation, conducts tests and interpretation of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids, accessories, prescriptions, and prostheses for hearing, evaluates sound environment and equipment, and calibrates instruments used in testing and supplementing auditory function. See Utah Code 58-41-2
- Audiology: means the application of principles, methods, and procedures, and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing, consulting, treating, instructing, and researching, which is related to hearing, vestibular function, and the disorders of hearing, to related language and speech disorders and to aberrant behavior related to hearing loss or vestibular function, for the purpose of preventing and modifying disorders related to hearing loss or vestibular function, and planning, directing, managing, conducting, and participating in hearing conservation, evoked potentials evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation, prescription, preparation, and dispensing, and auditory training and lip reading. See Utah Code 58-41-2
- Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102
- Board: means the Speech-language Pathology and Audiology Licensing Board created under Section 58-41-6. See Utah Code 58-41-2
- Board: means the Certified Nurse Midwife Board created in Section 58-44a-201. See Utah Code 58-44a-102
- Board: means the Board of Massage Therapy created in Section 58-47b-201. See Utah Code 58-47b-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consultation and Referral Plan: means a written plan jointly developed by a certified nurse midwife, as defined in Subsection (7), and a consulting physician that permits the certified nurse midwife to prescribe schedule II-III controlled substances in consultation with the consulting physician. See Utah Code 58-44a-102
- Consulting physician: means a physician and surgeon or osteopathic physician:
(a) with an unrestricted license as a physician; (b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and (c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102 - 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.
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dead body: means the same as that term is defined in Section 26B-8-101. See Utah Code 26B-8-201
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defense attorney: Represent defendants in criminal matters.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Direct supervision: means that the supervising hearing instrument specialist is present in the same facility as is the person being supervised and is available for immediate in person consultation. See Utah Code 58-46a-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- 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.
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Executor: A male person named in a will to carry out the decedent
- Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Health care professional: means any of the following while acting in a professional capacity:
(a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or (c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e). See Utah Code 26B-8-201 - hearing aid: means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories. See Utah Code 58-46a-102
- Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102
- Homeostasis: means maintaining, stabilizing, or returning to equilibrium the muscular system. See Utah Code 58-47b-102
- Immediate relative: means an individual's spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 26B-8-201
- Indirect supervision: means that the supervising hearing instrument specialist is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. See Utah Code 58-46a-102
- Individual: means a natural person. See Utah Code 58-44a-102
- Individual treatment plan: includes :
(i) planning and directing specific exercises and programs to improve sensory integration and motor functioning at the level of performance neurologically appropriate for the individual's stage of development; (ii) establishing a program of instruction to teach a client skills, behaviors, and attitudes necessary for the client's independent productive, emotional, and social functioning; (iii) analyzing, selecting, and adapting functional exercises to achieve and maintain the client's optimal functioning in activities of daily living and to prevent further disability; and (iv) planning and directing specific programs to evaluate and enhance perceptual, motor, and cognitive skills. See Utah Code 58-42a-102 - Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intestate: Dying without leaving a will.
- 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.
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed speech-language pathologist: means any individual licensed under this chapter or Chapter 41a, Audiology and Speech-language Pathology Interstate Compact, if the license is in force and has not been suspended or revoked. See Utah Code 58-41-2
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Massage apprentice: means an individual licensed under this chapter as a massage apprentice. See Utah Code 58-47b-102
- Massage assistant: means an individual licensed under this chapter as a massage assistant. See Utah Code 58-47b-102
- Massage assistant in-training: means an individual licensed under this chapter as a massage assistant in-training. See Utah Code 58-47b-102
- Massage therapist: means an individual licensed under this chapter as a massage therapist. See Utah Code 58-47b-102
- Medical examiner: means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner. See Utah Code 26B-8-201
- Medical examiner record: means :
(a) all information that the medical examiner obtains regarding a decedent; and (b) reports that the medical examiner makes regarding a decedent. See Utah Code 26B-8-201 - Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-102
- 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.
- Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
- Occupational therapy aide: means a person who is not licensed under this chapter but who provides supportive services under the supervision of an occupational therapist or occupational therapy assistant. See Utah Code 58-42a-102
- Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means any individual, group, organization, partnership, or corporate body, except that only an individual may be licensed under this chapter. See Utah Code 58-41-2
- Person: means :Utah Code 68-3-12.5
- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102
- Practice as a certified nurse midwife: means :
(a) practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee; (c) the authority to: (i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient; (ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate; (iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of: (A) prescription drugs; (B) schedule IV-V controlled substances; and (C) schedule II-III controlled substances in accordance with a consultation and referral plan; (iv) evaluate the results of patient care; (v) consult as is appropriate regarding patient care and the results of patient care; (vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia; (vii) manage the postpartum period; (viii) provide gynecological services; (ix) provide noncomplicated newborn and infant care to the age of one year; and (x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-102 - Practice of a hearing instrument specialist: means :
(a) establishing a place of business to practice as a hearing instrument specialist; (b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient; (c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition; (d) prescribing an appropriate hearing instrument; (e) making impressions or earmolds for the fitting of a hearing instrument; (f) sale and professional placement of the hearing instrument on a patient; (g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist; (h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or (i) instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102 - Practice of massage therapy: means :
(a) the examination, assessment, and evaluation of the soft tissue structures of the body for the purpose of devising a treatment plan to promote homeostasis; (b) the systematic manual or mechanical manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, or achieving homeostasis, or for any other purpose; (c) the use of the hands or a mechanical or electrical apparatus in connection with this Subsection (10); (d) the use of rehabilitative procedures involving the soft tissue of the body; (e) range of motion or movements without spinal adjustment as set forth in Section 58-73-102; (f) the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths; (g) manual traction and stretching exercise; (h) correction of muscular distortion by treatment of the soft tissues of the body; (i) counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain; (j) activities and modality techniques similar or related to the activities and techniques described in this Subsection (10); (k) a practice described in this Subsection (10) on an animal to the extent permitted by: (i) Subsection 58-28-307(12); (ii) the provisions of this chapter; and (iii) division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or (l) providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact. See Utah Code 58-47b-102 - Practice of occupational therapy: includes :
(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual; (ii) modifying or adapting an activity or environment to enhance an individual's performance; (iii) maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities; (iv) promoting health and wellness to develop or improve an individual's performance in everyday life activities; (v) performance-barrier prevention for an individual, including disability prevention; (vi) evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including: (A) body functions and structures; (B) habits, routines, roles, and behavioral patterns; (C) cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and (D) motor, process, communication, interaction, and other performance skills; (vii) providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including: (A) the therapeutic use of occupations and exercises; (B) training in self-care, self-management, home-management, and community and work reintegration; (C) the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions; (D) the education and training of an individual's family members and caregivers; (E) care coordination, case management, and transition services; (F) providing consulting services to groups, programs, organizations, or communities, (G) modifying the environment and adapting processes, including the application of ergonomic principles; (H) assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices; (I) assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management; (J) driver rehabilitation and community mobility; (K) enhancing eating and feeding performance; and (L) applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102 - 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.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Regional pathologist: means a trained pathologist licensed to practice medicine and surgery in the state, appointed by the medical examiner pursuant to Subsection 26B-8-202(3). See Utah Code 26B-8-201
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Soft tissue: means the muscles and related connective tissue. See Utah Code 58-47b-102
- Speech-language pathologist: means :
(a) a person who practices speech-language pathology or who holds himself out to the public by any means, or by any service or function the person performs, directly or indirectly, or by using the terms "speech-language pathologist" "speech-language therapist" "language disability specialist" or any variation, derivation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions; or (b) a person who performs any of the functions described in Subsection (19) or any related functions. See Utah Code 58-41-2 - Speech-language pathology: means the application of principles, methods, and procedures for the examination, measurement, prevention, testing, identification, evaluation, diagnosis, treatment, instruction, modification, prescription, restoration, counseling, habilitation, prediction, management, and research related to the development and the disorders or disabilities of human communication, speech, voice, language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying, evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or modifying those disorders and their effects in individuals or groups of individuals. See Utah Code 58-41-2
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Sudden death while in apparent good health: means apparently instantaneous death without obvious natural cause, death during or following an unexplained syncope or coma, or death during an acute or unexplained rapidly fatal illness. See Utah Code 26B-8-201
- Sudden infant death syndrome: means the death of a child who was thought to be in good health or whose terminal illness appeared to be so mild that the possibility of a fatal outcome was not anticipated. See Utah Code 26B-8-201
- Suicide: means death caused by an intentional and voluntary act of an individual who understands the physical nature of the act and intends by such act to accomplish self-destruction. See Utah Code 26B-8-201
- Supervising hearing instrument specialist: means a hearing instrument specialist who:
(a) is licensed by and in good standing with the division; (b) has practiced full-time as a hearing instrument specialist for not less than two years; and (c) is approved as a supervisor by the division. See Utah Code 58-46a-102 - Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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.
- Treatment: means the services of a speech-language pathologist or audiologist to examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior, or their effects. See Utah Code 58-41-2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Unattended death: means a death that occurs more than 365 days after the day on which a health care professional examined or treated the deceased individual for any purpose, including writing a prescription. See Utah Code 26B-8-201
- Unavailable for postmortem investigation: means that a dead body is:
(i) transported out of state; (ii) buried at sea; (iii) cremated; (iv) processed by alkaline hydrolysis; or (v) otherwise made unavailable to the medical examiner for postmortem investigation or autopsy. See Utah Code 26B-8-201 - 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 58-47b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-47b-102
- Venue: The geographical location in which a case is tried.
- Writing: includes :Utah Code 68-3-12.5