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H.B. 112

             1     

HEALTH CARE MALPRACTICE ACT

             2     
AMENDMENTS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Kevin S. Garn

             6      This act modifies the Utah Health Care Malpractice Act. The act amends the definition of
             7      health care provider and health care facility to clarify the health care facilities included in
             8      the act. The act makes technical amendments
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          78-14-3, as last amended by Chapter 288, Laws of Utah 1998
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 78-14-3 is amended to read:
             14           78-14-3. Definitions.
             15          As used in this chapter:
             16          (1) "Audiologist" means a person licensed to practice audiology under Title 58, Chapter
             17      41, Speech-language Pathology and Audiology Licensing Act.
             18          (2) "Certified social worker" means a person licensed to practice as a certified social
             19      worker under Section 58-60-305 .
             20          (3) "Chiropractic physician" means a person licensed to practice chiropractic under Title
             21      58, Chapter 73, Chiropractic Physician Practice Act.
             22          (4) "Clinical social worker" means a person licensed to practice as a clinical social worker
             23      under Section 58-60-305 .
             24          (5) "Commissioner" means the commissioner of insurance as provided in Section
             25      31A-2-102 .
             26          (6) "Dental hygienist" means a person licensed to practice dental hygiene as defined in
             27      Section 58-69-102 .


             28          (7) "Dentist" means a person licensed to practice dentistry as defined in Section 58-69-102 .
             29          (8) "Division" means the Division of Occupational and Professional Licensing created in
             30      Section 58-1-103 .
             31          (9) "Future damages" includes damages for future medical treatment, care or custody, loss
             32      of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor.
             33          (10) "Health care" means any act or treatment performed or furnished, or which should
             34      have been performed or furnished, by any health care provider for, to, or on behalf of a patient
             35      during the patient's medical care, treatment, or confinement.
             36          (11) h [ (a) ] h "Health care facility" means general acute hospitals, specialty hospitals, home
             37      health agencies, hospices, nursing care facilities, h [ residential- ] h assisted living facilities, birthing
             38      centers, ambulatory surgical facilities, small health care facilities, h HEALTH CARE h facilities
             38a      owned or operated by
             39      health maintenance organizations, h AND h end stage renal disease facilities h [ , and any other
             39a      health care
             40      facility which the committee designates by rule.

             41           (b) "Health care facility" does not include the offices of private physicians or dentists,
             42      whether for individual or group practice
] h
.
             43          [(11)] (12) "Health care provider" includes any person, partnership, association,
             44      corporation, or other facility or institution who causes to be rendered or who renders health care
             45      or professional services as a hospital, health care facility, physician, registered nurse, licensed
             46      practical nurse, nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory
             47      technologist, pharmacist, physical therapist, podiatric physician, psychologist, chiropractic
             48      physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon,
             49      audiologist, speech-language pathologist, clinical social worker, certified social worker, social
             50      service worker, marriage and family counselor, practitioner of obstetrics, or others rendering
             51      similar care and services relating to or arising out of the health needs of persons or groups of
             52      persons and officers, employees, or agents of any of the above acting in the course and scope of
             53      their employment.
             54          [(12)] (13) "Hospital" means a public or private institution licensed under Title 26, Chapter
             55      21, Health Care Facility Licensing and Inspection Act.
             56          [(13)] (14) "Licensed practical nurse" means a person licensed to practice as a licensed
             57      practical nurse as provided in Section 58-31b-301 .
             58          [(14)] (15) "Malpractice action against a health care provider" means any action against


             59      a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise,
             60      based upon alleged personal injuries relating to or arising out of health care rendered or which
             61      should have been rendered by the health care provider.
             62          [(15)] (16) "Marriage and family therapist" means a person licensed to practice as a
             63      marriage therapist or family therapist under Section 58-60-405 and Section 58-60-305 .
             64          [(16)] (17) "Naturopathic physician" means a person licensed to practice naturopathy as
             65      defined in Section 58-71-102 .
             66          [(17)] (18) "Nurse-midwife" means a person licensed to engage in practice as a nurse
             67      midwife under Section 58-44a-301 .
             68          [(18)] (19) "Optometrist" means a person licensed to practice optometry under Title 58,
             69      Chapter 16a, Utah Optometry Practice Act.
             70          [(19)] (20) "Osteopathic physician" means a person licensed to practice osteopathy under
             71      Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
             72          [(20)] (21) "Patient" means a person who is under the care of a health care provider, under
             73      a contract, express or implied.
             74          [(21)] (22) "Pharmacist" means a person licensed to practice pharmacy as provided in
             75      Section 58-17a-301 .
             76          [(22)] (23) "Physical therapist" means a person licensed to practice physical therapy under
             77      Title 58, Chapter 24a, Physical Therapist Practice Act.
             78          [(23)] (24) "Physician" means a person licensed to practice medicine and surgery under
             79      Title 58, Chapter 67, Utah Medical Practice Act.
             80          [(24)] (25) "Podiatric physician" means a person licensed to practice podiatry under Title
             81      58, Chapter 5a, Podiatric Physician Licensing Act.
             82          [(25)] (26) "Practitioner of obstetrics" means a person licensed to practice as a physician
             83      in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68,
             84      Utah Osteopathic Medical Practice Act.
             85          [(26)] (27) "Psychologist" means a person licensed under Title 58, Chapter 61,
             86      Psychologist Licensing Act, to practice psychology as defined in Section 58-61-102 .
             87          [(27)] (28) "Registered nurse" means a person licensed to practice professional nursing as
             88      provided in Section 58-31b-301 .
             89          [(28)] (29) "Representative" means the spouse, parent, guardian, trustee, attorney-in-fact,


             90      or other legal agent of the patient.
             91          [(29)] (30) "Social service worker" means a person licensed to practice as a social service
             92      worker under Section [ 58-60-305 ] 58-60-205 .
             93          [(30)] (31) "Speech-language pathologist" means a person licensed to practice
             94      speech-language pathology under Title 58, Chapter 41, Speech-language Pathology and Audiology
             95      Licensing Act.
             96          [(31)] (32) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act or
             97      omission proximately causing injury or damage to another.




Legislative Review Note
    as of 12-19-01 9:06 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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