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First Substitute H.B. 270
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 1, 2006 at 10:44 AM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 21, 2006 at 12:34 PM by chopkin. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Fri, Feb 24, 2006 at 11:30 AM by chopkin. -->
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7 Cosponsor:Bradley G. Last 8
9 LONG TITLE
10 General Description:
11 This bill amends the Utah Health Care Malpractice Act to establish a clear and
12 convincing standard of evidence for fault in emergency medical care.
13 Highlighted Provisions:
14 This bill:
15 . defines emergency medical care in the Utah Health Care Malpractice Act; and
16 . establishes a clear and convincing standard for malpractice actions against health
17 care providers arising from emergency medical care.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 58-13-2.5, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 58-13-2.5 is enacted to read:
28 58-13-2.5. Standard of proof for emergency care when immunity does not apply.
29 (1) A person licensed under Title 58, Occupations and Professions, who is a health care
30 provider as defined in Section 78-14-3 who provides emergency care in good faith, but is not
31 immune from suit because of an expectation of payment, a legal duty to respond, or other
32 reason under Section 58-13-2 , may only be liable for civil damages if fault, as defined in
33 Section 78-27-37 , is established by clear and convincing evidence.
34 (2) For purposes of Subsection (1), "emergency care" means the treatment of an
35 emergency medical condition, as defined in Section 31A-22-627 , from the time that the person
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36a hospital H. [
37 H. [ 26-12-2] 26-21-2 .H ,
37a the condition has been
38 stabilized and the patient is either discharged from the emergency department or admitted to
39 another department of the hospital.
40 (3) Nothing in this section may be construed as:
41 (a) altering the applicable standard of care for determining fault; or
42 (b) applying the standard of proof of clear and convincing evidence to care outside of
43 emergency care and the mandatory legal duty to treat.
*HB0270S01*
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