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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Health Care Malpractice Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions;
13 ▸ subjects acupuncturists to the provisions of the Utah Health Care Malpractice Act
14 by including them in the definition of "health care provider" used within the act;
15 ▸ clarifies the definition of nursing; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78B-3-403, as last amended by Laws of Utah 2013, Chapter 104
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78B-3-403 is amended to read:
27 78B-3-403. Definitions.
28 As used in this part:
29 (1) "Acupuncturist" means a person licensed to engage in the practice of acupuncture
30 under Title 58, Chapter 72, Acupuncture Licensing Act.
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32 Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
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34 social worker under Section 58-60-205.
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36 under Title 58, Chapter 73, Chiropractic Physician Practice Act.
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38 social worker under Section 58-60-205.
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40 31A-2-102.
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42 hygiene as defined in Section 58-69-102.
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44 defined in Section 58-69-102.
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46 created in Section 58-1-103.
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48 treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and
49 suffering.
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51 should have been performed or furnished, by any health care provider for, to, or on behalf of a
52 patient during the patient's medical care, treatment, or confinement.
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54 home health agencies, hospices, nursing care facilities, assisted living facilities, birthing
55 centers, ambulatory surgical facilities, small health care facilities, health care facilities owned
56 or operated by health maintenance organizations, and end stage renal disease facilities.
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58 corporation, or other facility or institution who causes to be rendered or who renders health
59 care or professional services as a hospital, health care facility, physician, registered nurse,
60 licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist,
61 optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist
62 assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician,
63 osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language
64 pathologist, clinical social worker, certified social worker, social service worker, marriage and
65 family counselor, practitioner of obstetrics, licensed athletic trainer, acupuncturist, or others
66 rendering similar care and services relating to or arising out of the health needs of persons or
67 groups of persons and officers, employees, or agents of any of the above acting in the course
68 and scope of their employment.
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70 Chapter 21, Health Care Facility Licensing and Inspection Act.
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72 40a, Athletic Trainer Licensing Act.
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74 58, Chapter 77, Direct-Entry Midwife Act, to engage in the practice of direct-entry midwifery
75 as defined in Section 58-77-102.
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77 practical nurse as provided in Section 58-31b-301.
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79 a health care provider, whether in contract, tort, breach of warranty, wrongful death, or
80 otherwise, based upon alleged personal injuries relating to or arising out of health care rendered
81 or which should have been rendered by the health care provider.
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83 marriage therapist [
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85 of naturopathic medicine as defined in Section 58-71-102.
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87 certified nurse midwife under Section 58-44a-301.
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89 Chapter 16a, Utah Optometry Practice Act.
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91 osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
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93 under a contract, express or implied.
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95 property to a judgment creditor at intervals ordered by the court.
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97 Section 58-17b-301.
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99 under Title 58, Chapter 24b, Physical Therapy Practice Act.
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101 therapy, within the scope of a physical therapist assistant license, under Title 58, Chapter 24b,
102 Physical Therapy Practice Act.
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104 Title 58, Chapter 67, Utah Medical Practice Act.
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106 Title 58, Chapter 5a, Podiatric Physician Licensing Act.
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108 physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58,
109 Chapter 68, Utah Osteopathic Medical Practice Act.
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111 Psychologist Licensing Act, to engage in the practice of psychology as defined in Section
112 58-61-102.
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116 stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The
117 term includes relationships that are created as a result of adoption.
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119 attorney-in-fact, person designated to make decisions on behalf of a patient under a medical
120 power of attorney, or other legal agent of the patient.
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122 service worker under Section 58-60-205.
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124 speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and
125 Audiology Licensing Act.
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127 or omission proximately causing injury or damage to another.
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129 procedure that differs from an expected result.
Legislative Review Note
Office of Legislative Research and General Counsel