Terms Used In Utah Code > Title 31A > Chapter 2 - Administration of the Insurance Laws

• Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
• Acupuncture: means the same as that term is defined in Section 58-72-102. See Utah Code 58-71-102
• 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, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 58-71-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
• 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.
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Agency: means :

  (a)	a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and

  (b)

  an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301 Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Anesthesiologist: means an individual who: (a)  is licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; and (b)  has completed a residency program in anesthesiology. See Utah Code 58-70b-101 Anesthesiologist assistant: means an individual licensed under this chapter. See Utah Code 58-70b-101 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. Application: means a document: (a)  (i)  completed by an applicant to provide information about the risk to be insured; and (ii)  that contains information that is used by the insurer to evaluate risk and decide whether to: (A)  insure the risk under: (I)  the coverage as originally offered; or (II)  a modification of the coverage as originally offered; or (B)  decline to insure the risk; or (b)  used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. authorized insurer: means an insurer: (i)  holding a valid certificate of authority to do an insurance business in this state; and (ii)  transacting business as authorized by a valid certificate. See Utah Code 31A-1-301 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301 Board: means the Physician Assistant Licensing Board created in Section 58-70a-201. See Utah Code 58-70a-102 Board: means the Physicians Licensing Board created in Section 58-67-201. See Utah Code 58-70b-101 Board: means the Acupuncture Licensing Board created in Section 58-72-201. See Utah Code 58-72-102 Board: means the Professional Geologist Licensing Board created in Section 58-76-201. See Utah Code 58-76-102 Board: means the Dentist and Dental Hygienist Licensing Board created in Section 58-69-201. See Utah Code 58-69-102 board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301 business of insurance: includes : (a)  providing health care insurance by an organization that is or is required to be licensed under this title; (b)  providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either: (i)  by a single employer or by multiple employer groups; or (ii)  through one or more trusts, associations, or other entities; (c)  providing an annuity: (i)  including an annuity issued in return for a gift; and (ii)  except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3); (d)  providing the characteristic services of a motor club; (e)  providing another person with insurance; (f)  making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance; (g)  transacting or proposing to transact any phase of title insurance, including: (i)  solicitation; (ii)  negotiation preliminary to execution; (iii)  execution of a contract of title insurance; (iv)  insuring; and (v)  transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance; (h)  transacting or proposing a life settlement; and (i)  doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301 Certificate: means evidence of insurance given to: (a)  an insured under a group insurance policy; or (b)  a third party. See Utah Code 31A-1-301 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Client: means a woman and her fetus or newborn baby under the care of a direct-entry midwife. See Utah Code 58-77-102 Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402 Competence: means possessing the requisite cognitive, non-cognitive, and communicative abilities and qualities to perform effectively within the scope of practice of the physician assistant's practice while adhering to professional and ethical standards. See Utah Code 58-70a-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Concurrence: means the entities given a concurring role must jointly agree for the action to be taken. See Utah Code 31A-2-402 consultant: means a person who: (a)  advises another person about insurance needs and coverages; (b)  is compensated by the person advised on a basis not directly related to the insurance placed; and (c)  except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301 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 58-71-102 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. Corporation: means an insurance corporation, except when referring to: (i)  a corporation doing business: (A)  as: (I)  an insurance producer; (II)  a surplus lines producer; (III)  a limited line producer; (IV)  a consultant; (V)  a managing general agent; (VI)  a reinsurance intermediary; (VII)  a third party administrator; or (VIII)  an adjuster; and (B)  under: (I)  Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries; (II)  Chapter 25, Third Party Administrators; or (III)  Chapter 26, Insurance Adjusters; or (ii)  a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301 Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Creditor: means a person, including an insured, having a claim, whether: (a)  matured; (b)  unmatured; (c)  liquidated; (d)  unliquidated; (e)  secured; (f)  unsecured; (g)  absolute; (h)  fixed; or (i)  contingent. See Utah Code 31A-1-301 Custodian institution: means a financial institution in this state as defined under Section 7-1-103 that: (i)  has authority under Title 7, Chapter 5, Trust Business, to engage in a trust business; and (ii)  is approved by the commissioner to have custody of deposited securities, whether physically, through the Federal Reserve book-entry system, or through a clearing corporation as defined under Subsection 70A-8-101(1). See Utah Code 31A-2-206 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Deemer clause: means a provision under this title under which upon the occurrence of a condition precedent, the commissioner is considered to have taken a specific action. See Utah Code 31A-1-301 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Insurance Department. See Utah Code 31A-1-301 Dependent: A person dependent for support upon another. 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. Diagnose: means : (a)  to examine in any manner another individual, parts of an individual's body, substances, fluids, or materials excreted, taken, or removed from an individual's body, or produced by an individual's body, to determine the source, nature, kind, or extent of a disease or other physical or mental condition; (b)  to attempt to conduct an examination or determination described under Subsection (4)(a); (c)  to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (4)(a); or (d)  to make an examination or determination as described in Subsection (4)(a) upon or from information supplied directly or indirectly by another individual, whether or not in the presence of the individual the examination or determination concerns. See Utah Code 58-71-102 Direct-entry midwife: means an individual who is engaging in the practice of direct-entry midwifery. See Utah Code 58-77-102 Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to: (a)  perform the duties of: (i)  that individual's occupation; or (ii)  an occupation for which the individual is reasonably suited by education, training, or experience; or (b)  perform two or more of the following basic activities of daily living: (i)  eating; (ii)  toileting; (iii)  transferring; (iv)  bathing; or (v)  dressing. See Utah Code 31A-1-301 Docket: A log containing brief entries of court proceedings. Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301 Dual licensed title licensee: means a title licensee who holds: (a)  an individual title insurance producer license as a title licensee; and (b)  a license or certificate under: (i)  Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; (ii)  Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or (iii)  Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act. See Utah Code 31A-2-402 Employee: means : (a)  an individual employed by an employer; or (b)  an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Escrow: means : (i)  a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions: (A)  the explanation, holding, or creation of a document; or (B)  the receipt, deposit, and disbursement of money; (ii)  a settlement or closing involving: (A)  a mobile home; (B)  a grazing right; (C)  a water right; or (D)  other personal property authorized by the commissioner. See Utah Code 31A-1-301 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. Federal Reserve book-entry system: means the computerized system sponsored by the United States Department of the Treasury and certain other agencies and instrumentalities of the United States for holding and transferring securities of the United States government and other agencies and instrumentalities. See Utah Code 31A-2-206 Filed: means that a filing is: (i)  submitted to the department as required by and in accordance with applicable statute, rule, or filing order; (ii)  received by the department within the time period provided in applicable statute, rule, or filing order; and (iii)  accompanied by the appropriate fee in accordance with: (A)  Section 31A-3-103; or (B)  rule. See Utah Code 31A-1-301 Filing: when used as a noun, means an item required to be filed with the department including: (a)  a policy; (b)  a rate; (c)  a form; (d)  a document; (e)  a plan; (f)  a manual; (g)  an application; (h)  a report; (i)  a certificate; (j)  an endorsement; (k)  an actuarial certification; (l)  a licensee annual statement; (m)  a licensee renewal application; (n)  an advertisement; (o)  a binder; or (p)  an outline of coverage. See Utah Code 31A-1-301 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. Form: means one of the following prepared for general use: (i)  a policy; (ii)  a certificate; (iii)  an application; (iv)  an outline of coverage; or (v)  an endorsement. See Utah Code 31A-1-301 Fraud: Intentional deception resulting in injury to another. General supervision: means that the supervising dentist is available for consultation regarding work the supervising dentist has authorized, without regard as to whether the supervising dentist is located on the same premises as the person being supervised. See Utah Code 58-69-102 Genetic counselor: means a person licensed under this chapter to engage in the practice of genetic counseling. See Utah Code 58-75-102 Geology: means the science, which treats the study of the earth in general, the earth's processes and history, investigation of the earth's crust and the rocks and other materials of which it is composed, and the applied science of utilizing knowledge of the earth's history, processes, constituent rocks, minerals, liquids, gases, and other materials for the use of mankind. See Utah Code 58-76-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301 Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment: (a)  a professional service; (b)  a personal service; (c)  a facility; (d)  equipment; (e)  a device; (f)  supplies; or (g)  medicine. See Utah Code 31A-1-301 Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-70a-102 health insurance: means insurance providing: (i)  a health care benefit; or (ii)  payment of an incurred health care expense. See Utah Code 31A-1-301 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Indirect supervision: means that the supervising dentist is present within the facility in which the person being supervised is providing services and is available to provide immediate face-to-face communication with the person being supervised. See Utah Code 58-69-102 Individual: means a natural person. See Utah Code 31A-1-301 Injection therapy: includes using ultrasound guidance to ensure that an injection is only a subcutaneous injection or an intramuscular injection. See Utah Code 58-72-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301 insurance company: means a person doing an insurance business as a principal including: (i)  a fraternal benefit society; (ii)  an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3); (iii)  a motor club; (iv)  an employee welfare plan; (v)  a person purporting or intending to do an insurance business as a principal on that person's own account; and (vi)  a health maintenance organization. See Utah Code 31A-1-301 Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes: (i)  a policyholder; (ii)  a subscriber; (iii)  a member; and (iv)  a beneficiary. See Utah Code 31A-1-301 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. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Liability insurance: includes : (i)  vehicle liability insurance; (ii)  residential dwelling liability insurance; and (iii)  making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301 License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301 Licensed direct-entry midwife: means a person licensed under this chapter. See Utah Code 58-77-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local anesthesia: means an agent, whether a natural medicine or nonscheduled prescription drug, which: (a)  is applied topically or by injection associated with the performance of minor office procedures; (b)  has the ability to produce loss of sensation to a targeted area of an individual's body; (c)  does not cause loss of consciousness or produce general sedation; and (d)  is part of the competent practice of naturopathic medicine during minor office procedures. See Utah Code 58-71-102 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 58-70a-102 Minor office procedures: means : (i)  the use of operative, electrical, or other methods for repair and care of superficial lacerations, abrasions, and benign lesions; (ii)  removal of foreign bodies located in the superficial tissues, excluding the eye or ear; (iii)  the use of antiseptics and local anesthetics in connection with minor office surgical procedures; and (iv)  percutaneous injection into skin, tendons, ligaments, muscles, and joints with: (A)  local anesthesia or a prescription drug described in Subsection (8)(d); or (B)  natural substances. See Utah Code 58-71-102 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. Moxibustion: means a heat therapy that uses the herb moxa to heat acupuncture points of the body. See Utah Code 58-72-102 Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301 NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301 Natural medicine: means any: (a)  food, food extract, dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act, 21 U. See Utah Code 58-71-102 Naturopathic childbirth: includes the use of: (i)  natural medicines; and (ii)  uncomplicated episiotomy. See Utah Code 58-71-102 Naturopathic mobilization therapy: means manually administering mechanical treatment of body structures or tissues for the purpose of restoring normal physiological function to the body by normalizing and balancing the musculoskeletal system of the body. See Utah Code 58-71-102 Naturopathic physical medicine: means the use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation, and the physical modalities of electrotherapy, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic mobilization therapy, and exercise. See Utah Code 58-71-102 Naturopathic physician: means an individual licensed under this chapter to engage in the practice of naturopathic medicine. See Utah Code 58-71-102 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Order: means an order of the commissioner. See Utah Code 31A-1-301 Oversight: Committee review of the activities of a Federal agency or program. Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Physician: means the same as that term is defined in Section 58-67-102. See Utah Code 58-70a-102 Physician: means an individual licensed as a physician and surgeon, osteopathic physician, or naturopathic physician. See Utah Code 58-77-102 Physician assistant: means an individual who is licensed to practice under this chapter. See Utah Code 58-70a-102 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. Policy: includes a service contract issued by: (i)  a motor club under Chapter 11, Motor Clubs; (ii)  a service contract provided under Chapter 6a, Service Contracts; and (iii)  a corporation licensed under: (A)  Chapter 7, Nonprofit Health Service Insurance Corporations; or (B)  Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301 Practice of acupuncture: means the insertion of acupuncture needles, the use of injection therapy, and the application of moxibustion to specific areas of the body based on traditional oriental medical diagnosis and modern research as a primary mode of therapy. See Utah Code 58-72-102 Practice of assisting an anesthesiologist: means personally performing the health care services delegated to the anesthesiologist assistant by the supervising anesthesiologist in accordance with the acceptable medical practice and the American Society of Anesthesiologists' guidance for best practice of anesthesia in a care team model. See Utah Code 58-70b-101 Practice of court reporting: means the making of a verbatim record, by stenography or voice writing, of any trial, legislative public hearing, state agency public hearing, deposition, examination before trial, hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or other sworn testimony given under oath. See Utah Code 58-74-102 Practice of dental hygiene: means , regarding humans: (a)  under the general supervision of a dentist, or under a written agreement with a dentist licensed under this chapter, as provided in Section 58-69-801, to: (i)  perform preliminary clinical examination of human teeth and gums; (ii)  make preliminary instrumental examination of patients' teeth; (iii)  expose dental radiographs; (iv)  assess dental hygiene status and collaborate with the supervising dentist regarding a dental hygiene treatment plan for a patient; (v)  remove deposits, accumulations, calculus, and concretions from the surfaces of human teeth; (vi)  remove toxins and debris from subgingival surfaces; (vii)  provide dental hygiene care in accordance with a dentist's treatment plan for a patient; (viii)  take impressions of teeth or jaws except for impressions or registrations to supply artificial teeth as substitutes for natural teeth; or (ix)  engage in other practices of dental hygiene as defined by division rule; (b)  under the indirect supervision of a dentist to administer in accordance with standards and ethics of the professions of dentistry and dental hygiene: (i)  local anesthesia; or (ii)  nitrous oxide analgesia; (c)  to represent oneself by any title, degree, or in any other way as being a dental hygienist; or (d)  to direct a dental assistant when the supervising dentist is not on the premises. See Utah Code 58-69-102 Practice of dentistry: means the following, regarding humans: (a)  to offer, undertake, or represent that a person will undertake by any means or method, including teledentistry, to: (i)  examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease, pain, injury, deficiency, deformity, or any other condition of the human teeth, alveolar process, gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region; (ii)  take an appropriate history and physical consistent with the level of professional service to be provided and the available resources in the facility in which the service is to be provided; (iii)  take impressions or registrations; (iv)  supply artificial teeth as substitutes for natural teeth; (v)  remove deposits, accumulations, calculus, and concretions from the surfaces of teeth; and (vi)  correct or attempt to correct malposition of teeth; (b)  to administer anesthetics necessary or proper in the practice of dentistry only as allowed by an anesthesia permit obtained from the division; (c)  to administer and prescribe drugs related to and appropriate in the practice of dentistry; (d)  to supervise the practice of a dental hygienist or dental assistant as established by division rule made in collaboration with the board; or (e)  to represent oneself by any title, degree, or in any other way that one is a dentist. See Utah Code 58-69-102 Practice of direct-entry midwifery: means the practice of providing the necessary supervision, care, and advice to a client during essentially normal pregnancy, labor, delivery, postpartum, and newborn periods that is consistent with national professional midwifery standards and that is based upon the acquisition of clinical skills necessary for the care of a pregnant woman and a newborn baby, including antepartum, intrapartum, postpartum, newborn, and limited interconceptual care, and includes: (a)  obtaining an informed consent to provide services; (b)  obtaining a health history, including a physical examination; (c)  developing a plan of care for a client; (d)  evaluating the results of client care; (e)  consulting and collaborating with and referring and transferring care to licensed health care professionals, as is appropriate, regarding the care of a client; (f)  obtaining medications, as specified in this Subsection (7)(f), to administer to a client, including: (i)  prescription vitamins; (ii)  Rho D immunoglobulin; (iii)  sterile water; (iv)  one dose of intramuscular oxytocin after the delivery of a baby to minimize a client's blood loss; (v)  an additional single dose of oxytocin if a hemorrhage occurs, in which case the licensed direct-entry midwife must initiate transfer if a client's condition does not immediately improve; (vi)  oxygen; (vii)  local anesthetics without epinephrine used in accordance with Subsection (7)(l); (viii)  vitamin K to prevent hemorrhagic disease of a newborn baby; (ix)  as required by law, eye prophylaxis to prevent opthalmia neonatorum; and (x)  any other medication approved by a licensed health care provider with authority to prescribe that medication; (g)  obtaining food, food extracts, dietary supplements, as defined by the federal Food, Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as prescription drugs or controlled substances, and over-the-counter medications to administer to clients; (h)  obtaining and using appropriate equipment and devices such as a Doppler, a blood pressure cuff, phlebotomy supplies, instruments, and sutures; (i)  obtaining appropriate screening and testing, including laboratory tests, urinalysis, and ultrasound scans; (j)  managing the antepartum period; (k)  managing the intrapartum period, including: (i)  monitoring and evaluating the condition of a mother and a fetus; (ii)  performing an emergency episiotomy; and (iii)  delivering a baby in any out-of-hospital setting; (l)  managing the postpartum period, including the suturing of an episiotomy and the suturing of first and second degree natural perineal and labial lacerations, including the administration of a local anesthetic; (m)  managing the newborn period, including: (i)  providing care for a newborn baby, including performing a normal newborn baby examination; and (ii)  resuscitating a newborn baby; (n)  providing limited interconceptual services in order to provide continuity of care, including: (i)  breastfeeding support and counseling; (ii)  family planning, limited to natural family planning, cervical caps, and diaphragms; and (iii)  pap smears, where each client with an abnormal result is to be referred to an appropriate licensed health care provider; and (o)  executing the orders of a licensed health care professional, if the orders are within the education, knowledge, and skill of the direct-entry midwife. See Utah Code 58-77-102 Practice of genetic counseling: means the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family: (a)  comprehend the medical facts, including the diagnosis, probable cause of the disorder, and the available management; (b)  appreciate the way heredity contributes to the disorder and the risk of occurrence in specified relatives; (c)  understand the alternatives for dealing with the risk of occurrence; (d)  choose the course of action which seems appropriate to them in view of their risk, their family goals, and their ethical and religious standards, and to act in accordance with that decision; and (e)  make the best possible psychosocial adjustment to the disorder in an affected family member or to the risk of occurrence of that disorder. See Utah Code 58-75-102 Practice of geology before the public: means the performance of geology including but not limited to consultation, investigation, evaluation, planning, geologic mapping, interpretation of geologic data, preparation of geologic reports, geologic cross-sections and geologic maps, inspection of geological work, and the responsible supervision thereof, the performance of which is relevant to public welfare or the safeguarding of life, health, property, and the environment, except as otherwise specifically provided by this chapter. See Utah Code 58-76-102 Practice of mental health therapy: means the same as that term is defined in Section 58-60-102. See Utah Code 58-70a-102 Practice of naturopathic medicine: means : (a)  a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injuries, and diseases that uses education, natural medicines, and natural therapies, to support and stimulate the patient's intrinsic self-healing processes by: (i)  using naturopathic childbirth, but only if: (A)  the licensee meets standards of the American College of Naturopathic Obstetricians (ACNO) or ACNO's successor as determined by the division in collaboration with the board; and (B)  the licensee follows a written plan for naturopathic physicians practicing naturopathic childbirth approved by the division in collaboration with the board, which includes entering into an agreement with a consulting physician and surgeon or osteopathic physician, in cases where the scope of practice of naturopathic childbirth may be exceeded and specialty care and delivery is indicated, detailing the guidelines by which the naturopathic physician will: (I)  refer patients to the consulting physician; and (II)  consult with the consulting physician; (ii)  using naturopathic mobilization therapy; (iii)  using naturopathic physical medicine; (iv)  using minor office procedures; (v)  prescribing or administering natural medicine; (vi)  prescribing medical equipment and devices, diagnosing by the use of medical equipment and devices, and administering therapy or treatment by the use of medical devices necessary and consistent with the competent practice of naturopathic medicine; (vii)  prescribing barrier devices for contraception; (viii)  using dietary therapy; (ix)  taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiological function tests; (x)  taking of body fluids for clinical laboratory tests and using the results of the tests in diagnosis; (xi)  taking of a history from and conducting of a physical examination upon a human patient; and (xii)  administering local anesthesia during the performance of a minor office procedure; (b)  to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (13)(a), whether or not for compensation; or (c)  to use, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human diseases or conditions, in any printed material, stationery, letterhead, envelopes, signs, or advertisements, the designation "naturopathic physician" "naturopathic doctor" "naturopath" "doctor of naturopathic medicine" "doctor of naturopathy" "naturopathic medical doctor" "naturopathic medicine" "naturopathic health care" "naturopathy" "N. See Utah Code 58-71-102 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. Premium: includes , however designated: (i)  an assessment; (ii)  a membership fee; (iii)  a required contribution; or (iv)  monetary consideration. See Utah Code 31A-1-301 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 58-71-102 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. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301 Professional geologist: means a person licensed under this chapter to engage in the practice of geology before the public. See Utah Code 58-76-102 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 setting: means : (a)  an individual's residence, if the individual is unable to leave the residence; (b)  a school, as part of a school-based program; (c)  a nursing home; (d)  an assisted living or long-term care facility; (e)  a community health center; (f)  a federally-qualified health center; or (g)  a mobile dental health program that employs a dentist who is licensed under this chapter. See Utah Code 58-69-102 Quorum: The number of legislators that must be present to do business. Rate: means : (i)  the cost of a given unit of insurance; or (ii)  for property or casualty insurance, that cost of insurance per exposure unit either expressed as: (A)  a single number; or (B)  a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of: (I)  expenses; (II)  profit; and (III)  individual insurer variation in loss experience. See Utah Code 31A-1-301 Rate service organization: means a person who assists an insurer in rate making or filing by: (i)  collecting, compiling, and furnishing loss or expense statistics; (ii)  recommending, making, or filing rates or supplementary rate information; or (iii)  advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301 Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402 Received by the department: means : (a)  the date delivered to and stamped received by the department, if delivered in person; (b)  the post mark date, if delivered by mail; (c)  the delivery service's post mark or pickup date, if delivered by a delivery service; (d)  the received date recorded on an item delivered, if delivered by: (i)  facsimile; (ii)  email; or (iii)  another electronic method; or (e)  a date specified in: (i)  a statute; (ii)  a rule; or (iii)  an order. See Utah Code 31A-1-301 Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301 Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301 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). Responsible charge: means the independent control and direction by use of initiative, skill, and independent judgment of geological work or the supervision of the work. See Utah Code 58-76-102 Security: means a: (i)  note; (ii)  stock; (iii)  bond; (iv)  debenture; (v)  evidence of indebtedness; (vi)  certificate of interest or participation in a profit-sharing agreement; (vii)  collateral-trust certificate; (viii)  preorganization certificate or subscription; (ix)  transferable share; (x)  investment contract; (xi)  voting trust certificate; (xii)  certificate of deposit for a security; (xiii)  certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease; (xiv)  commodity contract or commodity option; (xv)  certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or (xvi)  another interest or instrument commonly known as a security. See Utah Code 31A-1-301 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 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 State certified court reporter: means a person who engages in the practice of court reporting and has met the requirements for state certification as a state certified court reporter. See Utah Code 58-74-102 Statute: A law passed by a legislature. Subordinate: means any individual who practices geology or assists a professional geologist in the practice of geology before the public without assuming the responsible charge for the work. See Utah Code 58-76-102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supervising dentist: means a licensed dentist who has agreed to provide supervision of a dental hygienist or unlicensed individual in accordance with the provisions of this chapter. See Utah Code 58-69-102 Supervision standards: means standards established by the division through rule that: (a)  prohibit an anesthesiologist from supervising more than four anesthesiologist assistants at any one time; and (b)  comply with the rules and regulations for anesthesia service reimbursement created by the Centers for Medicare and Medicaid Services to the extent that the rules and regulations do not conflict with state law. See Utah Code 58-70b-101 Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301 Teledentistry: means the practice of dentistry using synchronous or asynchronous technology. See Utah Code 58-69-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301 Title insurance matter: means a matter related to: (a)  title insurance; (b)  an escrow conducted by an individual title insurance producer or agency title insurance producer; (c)  licensing, examination, and continuing education of an applicant to be a title licensee; or (d)  conduct of a title licensee. See Utah Code 31A-2-402 Title licensee: means a person licensed under this title as: (a)  an agency title insurance producer with a title insurance line of authority; (b)  an individual title insurance producer with: (i)  a general title insurance line of authority; or (ii)  a specific category of authority for title insurance; or (c)  a title insurance adjuster. See Utah Code 31A-2-402 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-69-501. See Utah Code 58-69-102 Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-70a-502. See Utah Code 58-70a-102 Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-71-501. See Utah Code 58-71-102 Unlawful conduct: is a s defined in Sections 58-1-501 and 58-76-501. See Utah Code 58-76-102 Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-69-502 and as may be further defined by rule. See Utah Code 58-69-102 Unprofessional conduct: means "unprofessional conduct": (a)  as defined in Sections 58-1-501 and 58-70a-503; and (b)  as further defined by the division by rule. See Utah Code 58-70a-102 Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-71-502, and as may be further defined by division rule. See Utah Code 58-71-102 Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-72-503, and as may be further defined by division rule. See Utah Code 58-72-102 Unprofessional conduct: is a s defined in Section 58-1-501 and as may be further defined by rule by the division in collaboration with the board. See Utah Code 58-76-102 Venue: The geographical location in which a case is tried. Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5