Terms Used In Utah Code > Title 31A > Chapter 3 - Department Funding, Fees, and Taxes

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• 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 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Board: means the Vocational Rehabilitation Counselors Licensing Board created in Section 58-78-201. See Utah Code 58-78-102 Captive insurance company: means : (a)  an insurer: (i)  owned by a parent organization; and (ii)  whose purpose is to insure risks of the parent organization and other risks as authorized under: (A)  Chapter 37, Captive Insurance Companies Act; and (B)  Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or (b)  in the case of a group or association, an insurer: (i)  owned by the insureds; and (ii)  whose purpose is to insure risks of: (A)  a member organization; (B)  a group member; or (C)  an affiliate of: (I)  a member organization; or (II)  a group member. 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 Certified medical language interpreter: means a medical language interpreter who has received a certificate from the division under this chapter. See Utah Code 58-80a-102 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 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. Compensation: means anything of economic value in excess of $100 that is paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in consideration of personal services, materials, or property. See Utah Code 58-79-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. 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 Department: means the Insurance Department. See Utah Code 31A-1-301 Direct-entry midwife: means an individual who is engaging in the practice of direct-entry midwifery. See Utah Code 58-77-102 Director: means a member of the board of directors of a corporation. 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 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 Health care provider: means a person licensed under: (a)  Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b)  Title 58, Chapter 16a, Utah Optometry Practice Act; (c)  Title 58, Chapter 17b, Pharmacy Practice Act; (d)  Title 58, Chapter 24b, Physical Therapy Practice Act; (e)  Title 58, Chapter 31b, Nurse Practice Act; (f)  Title 58, Chapter 31e, Nurse Licensure Compact - Revised; (g)  Title 58, Chapter 31d, Advanced Practice Registered Nurse Compact; (h)  Title 58, Chapter 44a, Nurse Midwife Practice Act; (i)  Title 58, Chapter 57, Respiratory Care Practices Act; (j)  Title 58, Chapter 60, Mental Health Professional Practice Act; (k)  Title 58, Chapter 61, Psychologist Licensing Act; (l)  Title 58, Chapter 67, Utah Medical Practice Act; (m)  Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (n)  Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; (o)  Title 58, Chapter 70a, Utah Physician Assistant Act; (p)  Title 58, Chapter 71, Naturopathic Physician Practice Act; (q)  Title 58, Chapter 73, Chiropractic Physician Practice Act; or (r)  Title 58, Chapter 77, Direct-Entry Midwife Act. See Utah Code 58-80a-102 Hunting: means to locate, pursue, chase, catch, capture, trap, or kill wildlife. See Utah Code 58-79-102 Hunting guide: means an individual who: (a)  offers or provides hunting guide services on public lands for compensation; and (b)  is retained for compensation by an outfitter. See Utah Code 58-79-102 Hunting guide services: means to guide, lead, or assist an individual in hunting wildlife. See Utah Code 58-79-102 Individual: means a natural person. See Utah Code 31A-1-301 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 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. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. 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 Licensed vocational rehabilitation counselor: means an individual licensed under this chapter who is engaged in the practice of providing vocational rehabilitation services. See Utah Code 58-78-102 Low risk: means a labor and delivery and postpartum, newborn, and interconceptual care that does not include a condition that requires a mandatory transfer under administrative rules adopted by the division. See Utah Code 58-77-102 Medical language interpreter: means a person who, for compensation, performs verbal language interpretation services between a health care provider who speaks English and another person for the purpose of assisting the person in seeking or obtaining medical advice, diagnoses, or treatment. See Utah Code 58-80a-102 Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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. Outfitter: means an individual who offers or provides outfitting or hunting guide services for compensation to another individual for hunting wildlife on public lands. See Utah Code 58-79-102 Outfitting services: means providing, for hunting wildlife on public lands: (i)  transportation of people, equipment, supplies, or wildlife to or from a location; (ii)  packing, protecting, or supervising services; or (iii)  hunting guide services. See Utah Code 58-79-102 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Physician: means an individual licensed as a physician and surgeon, osteopathic physician, or naturopathic physician. See Utah Code 58-77-102 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 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 providing vocational rehabilitation services: means rendering or offering to an individual, group, organization, or the general public vocational rehabilitation services: (a)  in public or private practice; (b)  for compensation; and (c)  involving the application of principles, methods, or procedures of the vocational rehabilitation counseling profession, which include: (i)  vocational assessment; (ii)  vocational rehabilitation counseling and guidance; (iii)  vocational and other training services; (iv)  self-employment plans; (v)  job analysis; and (vi)  job placement. See Utah Code 58-78-102 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 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 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public lands: means any lands owned by the United States, the state, or a political subdivision or independent entity of the state that are open to the public for purposes of engaging in a wildlife related activity. See Utah Code 58-79-102 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 Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly: (i)  a refund of premium or portion of premium; (ii)  a refund of commission or portion of commission; (iii)  a refund of all or a portion of a consultant fee; or (iv)  providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301 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 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 Statute: A law passed by a legislature. Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 58-77-501. See Utah Code 58-77-102 Wildlife: means cougar, bear, and big game animals as defined in Subsection 23-13-2(6). See Utah Code 58-79-102 Writing: includes :Utah Code 68-3-12.5