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H.B. 112
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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) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
37 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
38 centers, ambulatory surgical facilities, small health care facilities, facilities owned or operated by
39 health maintenance organizations, end stage renal disease facilities, and any other 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.
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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.
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55 21, Health Care Facility Licensing and Inspection Act.
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57 practical nurse as provided in Section 58-31b-301 .
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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.
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63 marriage therapist or family therapist under Section 58-60-405 and Section 58-60-305 .
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65 defined in Section 58-71-102 .
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67 midwife under Section 58-44a-301 .
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69 Chapter 16a, Utah Optometry Practice Act.
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71 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
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73 a contract, express or implied.
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75 Section 58-17a-301 .
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77 Title 58, Chapter 24a, Physical Therapist Practice Act.
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79 Title 58, Chapter 67, Utah Medical Practice Act.
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81 58, Chapter 5a, Podiatric Physician Licensing Act.
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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.
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86 Psychologist Licensing Act, to practice psychology as defined in Section 58-61-102 .
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88 provided in Section 58-31b-301 .
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90 or other legal agent of the patient.
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92 worker under Section [
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94 speech-language pathology under Title 58, Chapter 41, Speech-language Pathology and Audiology
95 Licensing Act.
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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.