Terms Used In Utah Code > Title 31A > Chapter 2 > Part 1 - The Insurance Department

• Adjudicative proceeding: means :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.
• 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 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 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. 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 Dentist and Dental Hygienist Licensing Board created in Section 58-69-201. See Utah Code 58-69-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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. Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. 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. Department: means the Insurance Department. See Utah Code 31A-1-301 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 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. 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 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 Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 58-70a-102 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 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 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. 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Order: means an order of the commissioner. 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 assistant: means an individual who is licensed to practice under this chapter. See Utah Code 58-70a-102 Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301 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 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 mental health therapy: means the same as that term is defined in Section 58-60-102. See Utah Code 58-70a-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 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 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 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 Teledentistry: means the practice of dentistry using synchronous or asynchronous technology. See Utah Code 58-69-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 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 Writing: includes :Utah Code 68-3-12.5