As used in this title: (1) (a) "Ablative procedure" means the same as that term is defined in Section 58-67-102. (b) "Ablative procedure" does not include laser tattoo removal. (2) "Cosmetic medical procedure": (a) means the same as that term is defined in Section 58-67-102; and (b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice Act, does not apply to the scope of practice of an individual licensed under this title if the individual's scope of practice includes the authority to operate or perform surgical procedures. (3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature to reduce fat deposits in certain areas of the body. (4) "Department" means the Department of Commerce. (5) "Director" means the director of the Division of Professional Licensing. (6) "Division" means the Division of Professional Licensing created in Section 58-1-103. (7) "DOD civilian" means the same as that term is defined in Section 53H-11-202. (8) "Executive director" means the executive director of the Department of Commerce. (9) "License" includes any license, certificate, registration, or permit authorized in accordance with this title. (10) "Licensee" includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized in accordance with this title. (11) (a) (i) "Nonablative procedure" means a procedure that is expected or intended to alter living tissue, but not intended or expected to excise, vaporize, disintegrate, or remove living tissue. (ii) Notwithstanding Subsection (11)(a)(i), nonablative procedure includes hair removal and cryolipolysis. (b) "Nonablative procedure" does not include: (i) a superficial procedure; (ii) the application of permanent make-up; (iii) laser tattoo removal; or (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that are performed by an individual licensed under this title who is acting within their scope of practice. (12) "Pain clinic" means: (a) a clinic that advertises its primary purpose is the treatment of chronic pain; or (b) a clinic in which greater than 50% of the clinic's annual patient population receive treatment primarily for non-terminal chronic pain using Schedule II-III controlled substances. (13) "Superficial procedure" means a procedure that is expected or intended to temporarily alter living skin tissue and may excise or remove stratum corneum but have no appreciable risk of damage to any tissue below the stratum corneum. (14) "Telemedicine service" means the same as that term is defined in Section 26B-4-704. (15) "Unlawful conduct" means the same as that term is defined in Subsection 58-1-501(1). (16) "Unprofessional conduct" means the same as that term is defined in Subsection 58-1-501(2).
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