Terms Used In Utah Code > Title 58 > Chapter 68 - Utah Osteopathic Medical Practice Act

• Ablative procedure: means a procedure that is expected to excise, vaporize, disintegrate, or remove living tissue, including the use of carbon dioxide lasers and erbium: YAG lasers. See Utah Code 58-68-102
• ACGME: means the Accreditation Council for Graduate Medical Education of the American Medical Association. See Utah Code 58-68-102
• 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 58-68-102
• Alcoholic beverage: means the following:

  (a)

  beer; or

  (b)

  liquor. See Utah Code 32B-1-102 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. AOA: means the American Osteopathic Association. See Utah Code 58-68-102 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. Arena: means an enclosed building: (a)  that is managed by: (i)  the same person who owns the enclosed building; (ii)  a person who has a majority interest in each person who owns or manages a space in the enclosed building; or (iii)  a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building; (b)  that operates as a venue; and (c)  that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102 Associate physician: means an individual licensed under Section 58-68-302. See Utah Code 58-68-102 Bar establishment license: includes : (i)  a dining club license; (ii)  an equity license; (iii)  a fraternal license; or (iv)  a bar license. See Utah Code 32B-1-102 Bar structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is: (a)  stored; or (b)  dispensed. See Utah Code 32B-1-102 Beer: means a product that: (i)  contains: (A)  at least . See Utah Code 32B-1-102 Beer retailer: means a business that: (a)  is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and (b)  is licensed as: (i)  an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or (ii)  an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102 Board: means the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201. See Utah Code 58-68-102 Collaborating physician: means an individual licensed under Section 58-68-302 who enters into a collaborative practice arrangement with an associate physician. See Utah Code 58-68-102 Collaborative practice arrangement: means the arrangement described in Section 58-68-807. See Utah Code 58-68-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 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. 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. Cosmetic medical device: means tissue altering energy based devices that have the potential for altering living tissue and that are used to perform ablative or nonablative procedures, such as American National Standards Institute (ANSI) designated Class IIIb and Class IV lasers, intense pulsed light, radio frequency devices, and lipolytic devices and excludes ANSI designated Class IIIa and lower powered devices. See Utah Code 58-68-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Diagnose: means : (a)  to examine in any manner another person, parts of a person's body, substances, fluids, or materials excreted, taken, or removed from a person's body, or produced by a person'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 (11)(a); (c)  to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (11)(a); or (d)  to make an examination or determination as described in Subsection (11)(a) upon or from information supplied directly or indirectly by another person, whether or not in the presence of the person making or attempting the diagnosis or examination. See Utah Code 58-68-102 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. Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102 Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102 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. License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer State License; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Licensee: means a person who holds a license. See Utah Code 32B-1-102 Local authority: means : (a)  for premises that are located in an unincorporated area of a county, the governing body of a county; (b)  for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or (c)  for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102 Medical assistant: means an unlicensed individual who may perform tasks as described in Subsection 58-68-305(6). See Utah Code 58-68-102 Nonablative procedure: means a procedure that is expected or intended to alter living tissue, but is not expected or intended to excise, vaporize, disintegrate, or remove living tissue. See Utah Code 58-68-102 offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102 Oversight: Committee review of the activities of a Federal agency or program. 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. Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including: (a)  a customer; (b)  a member; (c)  a guest; (d)  an attendee of a banquet or event; (e)  an individual who receives room service; (f)  a resident of a resort; or (g)  a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102 Person: means :Utah Code 68-3-12.5 Physician: means both physicians and surgeons licensed under Section 58-67-301, Utah Medical Practice Act, and osteopathic physicians and surgeons licensed under Section 58-68-301, Utah Osteopathic Medical Practice Act. See Utah Code 58-68-102 Practice of osteopathic medicine: means : (i)  to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, or to attempt to do so, by any means or instrumentality, which in whole or in part is based upon emphasis of the importance of the musculoskeletal system and manipulative therapy in the maintenance and restoration of health, by an individual in Utah or outside of the state upon or for any human within the state; (ii)  when a person not licensed as a physician directs a licensee under this chapter to withhold or alter the health care services that the licensee has ordered; (iii)  to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (17)(a) whether or not for compensation; or (iv)  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 "doctor" "doctor of osteopathic medicine" "osteopathic physician" "osteopathic surgeon" "osteopathic physician and surgeon" "Dr. See Utah Code 58-68-102 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. Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102 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. Principal license: means : (a)  a resort license; (b)  a hotel license; or (c)  an arena license. See Utah Code 32B-1-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Provisions applicable to a sublicense: means : (a)  for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License; (b)  for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License; (c)  for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License; (d)  for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License; (e)  for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License; (f)  for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License; (g)  for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and (h)  for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Spa Sublicense. See Utah Code 32B-1-102 Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102 Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102 Restaurant: means a business location: (a)  at which a variety of foods are prepared; (b)  at which complete meals are served; and (c)  that is engaged primarily in serving meals. See Utah Code 32B-1-102 Retail license: means one of the following licenses issued under this title: (a)  a full-service restaurant license; (b)  a master full-service restaurant license; (c)  a limited-service restaurant license; (d)  a master limited-service restaurant license; (e)  a bar establishment license; (f)  an airport lounge license; (g)  an on-premise banquet license; (h)  an on-premise beer license; (i)  a reception center license; (j)  a beer-only restaurant license; (k)  a hospitality amenity license; (l)  a resort license; (m)  a hotel license; or (n)  an arena license. See Utah Code 32B-1-102 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. Spa: means a spa: (a)  as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b)  that is within the: (i)  boundary of a resort building; or (ii)  boundary of a hotel. See Utah Code 32B-8d-102 Spa sublicense: means a sublicense: (a)  to a resort license or hotel license; and (b)  that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense. See Utah Code 32B-1-102 Staff: includes : (i)  an officer; (ii)  a director; (iii)  an employee; (iv)  personnel management; (v)  an agent of the licensee, including a managing agent; (vi)  an operator; or (vii)  a representative. See Utah Code 32B-1-102 Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102 Sublicense: means : (a)  any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license: (i)  a full-service restaurant license; (ii)  a limited-service restaurant license; (iii)  a bar establishment license; (iv)  an on-premise banquet license; (v)  an on-premise beer retailer license; (vi)  a beer-only restaurant license; or (vii)  a hospitality amenity license; or (b)  a spa sublicense. See Utah Code 32B-1-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 58-68-501. See Utah Code 58-68-102 Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-68-502 and as may be further defined by division rule. See Utah Code 58-68-102 Writing: includes :Utah Code 68-3-12.5