Administrative Procedures Act.
        (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the American Medical Association.
        (3) "AOA" means the American Osteopathic Association.
        (4) "Board" means the Osteopathic Physicians Licensing Board created in Section 58-68-201 .
        (5) "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 (5)(a);
        (c) to hold oneself out as making or to represent that one is making an examination or determination as described in Subsection (5)(a); or
        (d) to make an examination or determination as described in Subsection (5)(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.
        (6) "Medical assistant" means an unlicensed individual working under the direct and immediate supervision of a licensed osteopathic physician and surgeon and engaged in specific tasks assigned by the licensed osteopathic physician and surgeon in accordance with the standards and ethics of the profession.
        (7) "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.
        (8) "Practice of osteopathic medicine" means:
        (a) 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, provided that nothing in this Subsection (8)(a) may be construed as restricting the authority of a person to administer anesthesia to the extent permitted by a license issued under another chapter of this title;
        (b) 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, but practice of medicine does not include any conduct under Subsection 58-68-501 (2);
        (c) to maintain an office or place of business for the purpose of doing any of the acts described in Subsection (8)(a) whether or not for compensation; or
        (d) 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.," "D.O.," or any combination of these designations in any manner which might cause a reasonable person to believe the individual using the designation is a licensed osteopathic physician, and if the party using the designation is not a licensed osteopathic physician, the designation must additionally contain the description of the branch of the healing arts for which the person has a license.
        (9) "Prescription drug or device" means:
        (a) a drug or device which, under federal law, is required to be labeled with either of the following statements or their equivalent:
        (i) "CAUTION: Federal law prohibits dispensing without prescription"; or
        (ii) "CAUTION: Federal law restricts this drug to use by or on the order of a licensed veterinarian"; or
        (b) a drug or device that is required by any applicable federal or state law or rule to be dispensed on prescription only or is restricted to use by practitioners only.
        (10) "SPEX" means the Special Purpose Examination of the Federation of State Medical Boards.
        (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-68-501 .
        (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-68-502 and as may be further defined by division rule. "

        Respectfully,



        Robert F. Montgomery
        Committee Chair



Voting: 3-1-1
3 SB0082.SC1 kallred/JBA RCL/ALH 10:01 AM