Utah Code > Title 58 > Chapter 68 – Utah Osteopathic Medical Practice Act
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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
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Associate physician: means an individual licensed under Section 58-68-302. See Utah Code 58-68-102
- Attempted sex change: means an attempt or effort to change an individual's body to present that individual as being of a sex or gender that is different from the individual's biological sex at birth. See Utah Code 58-68-102
- Biological sex at birth: means an individual's sex, as being male or female, according to distinct reproductive roles as manifested by:
(a) sex and reproductive organ anatomy; (b) chromosomal makeup; and (c) endogenous hormone profiles. See Utah Code 58-68-102 - Board: means the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201. See Utah Code 58-68-102
- Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
(a) Section 31A-8-205; or (b) Subsection 31A-9-205(2). 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 - 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- 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: (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 - 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
- Deadline: means a final date or time:
(a) imposed by: (i) statute; (ii) rule; or (iii) order; and (b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301 - Department: means the Insurance Department. See Utah Code 31A-1-301
- 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 (13)(a); (c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (13)(a); or (d) to make an examination or determination as described in Subsection (13)(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.
- Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. 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 - 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: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Medical assistant: means an unlicensed individual who may perform tasks as described in Subsection 58-68-305(6). See Utah Code 58-68-102
- Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
- 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
- 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.
- 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 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 (19)(a)(i) or (ii) 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.
- 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.
- Primary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(i) for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty; (ii) for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or (iii) any surgical procedure that is related to or necessary for a procedure described in Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. See Utah Code 58-68-102 - 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
- 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
- Secondary sex characteristic surgical procedure: means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change:
(i) for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or (ii) for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. See Utah Code 58-68-102 - 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.
- 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.
- 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