58-71-102 - Definitions.
58-71-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Administrative penalty" means a monetary fine imposed by the division for acts oromissions determined to constitute unprofessional or unlawful conduct, as a result of anadjudicative proceeding conducted in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act.
(2) "Acupuncture" has the same definition as in Section 58-72-102.
(3) "Board" means the Naturopathic Physicians Licensing Board created in Section58-71-201.
(4) "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, todetermine 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(4)(a);
(c) to hold oneself out as making or to represent that one is making an examination ordetermination as described in Subsection (4)(a); or
(d) to make an examination or determination as described in Subsection (4)(a) upon orfrom information supplied directly or indirectly by another person, whether or not in the presenceof the person making or attempting the diagnosis or examination.
(5) "Local anesthesia" means an agent, whether a natural medicine or prescription drug,which:
(a) is applied topically or by injection in superficial tissues associated with theperformance of minor office procedures;
(b) has the ability to produce loss of sensation at the site of minor office procedures; and
(c) does not cause loss of consciousness or produce general sedation.
(6) "Medical naturopathic assistant" means an unlicensed individual working under thedirect and immediate supervision of a licensed naturopathic physician and engaged in specifictasks assigned by the licensed naturopathic physician in accordance with the standards and ethicsof the profession.
(7) (a) "Minor office procedures" means:
(i) the use of operative, electrical, or other methods for repair and care of superficiallacerations, abrasions, and benign lesions;
(ii) removal of foreign bodies located in the superficial tissues, excluding the eye or ear;and
(iii) the use of antiseptics and local anesthetics in connection with minor office surgicalprocedures.
(b) "Minor office procedures" does not include:
(i) general or spinal anesthesia;
(ii) office procedures more complicated or extensive than those set forth in Subsection(7)(a);
(iii) procedures involving the eye; or
(iv) any office procedure involving tendons, nerves, veins, or arteries.
(8) "Natural medicine" means:
(a) food, food extracts, dietary supplements as defined by the federal Food, Drug, and
Cosmetics Act, all homeopathic remedies, and plant substances that are not designated asprescription drugs or controlled substances;
(b) over-the-counter medications;
(c) other nonprescription substances, the prescription or administration of which is nototherwise prohibited or restricted under federal or state law;
(d) prescription drugs:
(i) that, except as provided in Subsection (8)(e), are not controlled substances as definedin Section 58-37-2;
(ii) the prescription of which is consistent with the competent practice of naturopathicmedicine; and
(iii) the prescription of which is approved by the division in collaboration with thenaturopathic formulary advisory peer committee; and
(e) testosterone, if the testosterone is:
(i) bio-identical;
(ii) designed to be:
(A) administered topically, for transdermal absorption; or
(B) absorbed across the mucosal membranes of the mouth; and
(iii) prescribed or administered, in accordance with the requirements of federal and statelaw, solely for the purpose of treating a patient with a low testosterone level in order to restorethe patient to a normal testosterone level.
(9) (a) "Naturopathic childbirth" means uncomplicated natural childbirth assisted by anaturopathic physician, and includes the use of:
(i) natural medicines; and
(ii) uncomplicated episiotomy.
(b) "Naturopathic childbirth" does not include the use of:
(i) forceps delivery;
(ii) general or spinal anesthesia;
(iii) caesarean section delivery; or
(iv) induced labor or abortion.
(10) "Naturopathic mobilization therapy":
(a) means manually administering mechanical treatment of body structures or tissues forthe purpose of restoring normal physiological function to the body by normalizing and balancingthe musculoskeletal system of the body;
(b) does not mean manipulation or adjustment of the joints of the human body beyondthe elastic barrier; and
(c) does not include manipulation as defined in Title 58, Chapter 73, ChiropracticPhysician Practice Act.
(11) "Naturopathic physical medicine" means the use of the physical agents of air, water,heat, cold, sound, light, and electromagnetic nonionizing radiation, and the physical modalities ofelectrotherapy, biofeedback, acupuncture, diathermy, ultraviolet light, ultrasound, hydrotherapy,naturopathic mobilization therapy, and exercise. Naturopathic medicine does not include thepractice of physical therapy or physical rehabilitation.
(12) "Practice of naturopathic medicine" means:
(a) a system of primary health care for the prevention, diagnosis, and treatment of humanhealth conditions, injuries, and diseases that uses education, natural medicines, and natural
therapies, to support and stimulate the patient's intrinsic self-healing processes:
(i) using naturopathic childbirth, but only if:
(A) the licensee meets standards of the American College of Naturopathic Obstetricians(ACNO) or its successor as determined by the division in collaboration with the board; and
(B) the licensee follows a written plan for naturopathic physicians practicingnaturopathic childbirth approved by the division in collaboration with the board, which includesentering into an agreement with a consulting physician and surgeon or osteopathic physician, incases where the scope of practice of naturopathic childbirth may be exceeded and specialty careand delivery is indicated, detailing the guidelines by which the naturopathic physician will:
(I) refer patients to the consulting physician; and
(II) consult with the consulting physician;
(ii) using naturopathic mobilization therapy;
(iii) using naturopathic physical medicine;
(iv) using minor office procedures;
(v) prescribing or administering natural medicine;
(vi) prescribing medical equipment and devices, diagnosing by the use of medicalequipment and devices, and administering therapy or treatment by the use of medical devicesnecessary and consistent with the competent practice of naturopathic medicine;
(vii) prescribing barrier devices for contraception;
(viii) using dietary therapy;
(ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and physiologicalfunction tests;
(x) taking of body fluids for clinical laboratory tests and using the results of the tests indiagnosis;
(xi) taking of a history from and conducting of a physical examination upon a humanpatient; and
(xii) prescribing and administering natural medicines and medical devices, except anaturopathic physician may only administer:
(A) a prescription drug, as defined in Section 58-17b-102, in accordance with Subsection(8)(d); and
(B) local anesthesia that is not a controlled substance, and only in the performance ofminor office procedures;
(b) to maintain an office or place of business for the purpose of doing any of the actsdescribed in Subsection (12)(a), whether or not for compensation; or
(c) to use, in the conduct of any occupation or profession pertaining to the diagnosis ortreatment of human diseases or conditions, in any printed material, stationery, letterhead,envelopes, signs, or advertisements, the designation "naturopathic physician," "naturopathicdoctor," "naturopath," "doctor of naturopathic medicine," "doctor of naturopathy," "naturopathicmedical doctor," "naturopathic medicine," "naturopathic health care," "naturopathy," "N.D.,""N.M.D.," or any combination of these designations in any manner that might cause a reasonableperson to believe the individual using the designation is a licensed naturopathic physician.
(13) "Prescribe" means to issue a prescription:
(a) orally or in writing; or
(b) by telephone, facsimile transmission, computer, or other electronic means ofcommunication as defined by division rule.
(14) "Prescription device" means an instrument, apparatus, implement, machine,contrivance, implant, in vitro reagent, or other similar or related article, and any component partor accessory, which is required under federal or state law to be prescribed by a practitioner anddispensed by or through a person or entity licensed under this chapter or exempt from licensureunder this chapter.
(15) "Prescription drug" means a drug that is required by federal or state law or rule to bedispensed only by prescription or is restricted to administration only by practitioners.
(16) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-71-501.
(17) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-71-502, and asmay be further defined by division rule.
Amended by Chapter 101, 2010 General Session