Terms Used In Utah Code > Title 58 > Chapter 16a - Utah Optometry Practice Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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 Optometrist Licensing Board created in Section 58-16a-201. See Utah Code 58-16a-102
• Competitor: means an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer. See Utah Code 58-16a-903
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contact lens: means any lens that:

  (a)	has a spherical, cylindrical, or prismatic power or curvature;

  (b)	is made pursuant to a current prescription; and

  (c)

  is intended to be worn on the surface of the eye. See Utah Code 58-16a-102 Contact lens prescription: means a written or verbal order for contact lenses that includes: (i)  the commencement date of the prescription; (ii)  the base curve, power, diameter, material or brand name, and expiration date; (iii)  for a written order, the signature of the prescribing optometrist or physician; and (iv)  for a verbal order, a record maintained by the recipient of: (A)  the name of the prescribing optometrist or physician; and (B)  the date when the prescription was issued or ordered. See Utah Code 58-16a-102 Contact lens prescription verification: means a written request from a person who sells or provides contact lenses that: (a)  is sent to the prescribing optometrist or physician; and (b)  seeks the confirmation of the accuracy of a patient's prescription. See Utah Code 58-16a-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Director: means the director of the division. See Utah Code 26B-6-101 Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101 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 Eye and its adnexa: means the human eye and all structures situated within the orbit, including the conjunctiva, lids, lashes, and lacrimal system. See Utah Code 58-16a-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5 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. Laser surgery: means surgery in which human tissue is cut, burned, or vaporized by means of laser or ionizing radiation. See Utah Code 58-16a-102 Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Ophthalmic lens: means any lens used to treat the eye and that: (a)  has a spherical, cylindrical, or prismatic power; (b)  is made pursuant to an unexpired prescription; and (c)  is intended to be used in eyeglasses or spectacles. See Utah Code 58-16a-102 Optometric assistant: means an unlicensed individual: (a)  working under the direct and immediate supervision of a licensed optometrist; and (b)  engaged in specific tasks assigned by the licensed optometrist in accordance with the standards and ethics of the profession. See Utah Code 58-16a-102 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 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. Prescriber: means an individual licensed or authorized to prescribe contact lenses under this title. See Utah Code 58-16a-903 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 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 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Unexpired: means a prescription that was issued: (a)  for ophthalmic lenses which does not expire unless the optometrist or physician includes an expiration date on the prescription based on medical reasons that are documented in the patient's file; and (b)  in accordance with Subsection (3) for a contact lens. See Utah Code 58-16a-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5