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• 2024 General Session
• H.B. 128

H.B. 128 Tobacco Cessation Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Peterson, Thomas W.

Floor Sponsor: Sen. Kennedy, Michael S.

• Substitute Sponsor: Rep. Gricius, Stephanie

• Drafting Attorney: Christopher Williams
• Fiscal Analyst: Russell T. Frandsen

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• Bill Text
  • Introduced
  • Amended
    • Amended Pages Only
  • Enrolled

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• Other Versions
  • H.B. 128
    Substitute Sponsor:
    

    • Introduced
    • Amended
      • Amended Pages Only
    • Fiscal Note
    • House Transmittal Letter 1
    • House Transmittal Letter 2
    • Senate Transmittal Letter 1
    • Senate Transmittal Letter 2
    • House Committee Amendment 1(passed)

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• Related Documents
  • Fiscal Note
  • Senate Committee Amendment 1(passed)
  • HB0128 comparison

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• Information
  • Last Action: 14 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Health and Human Services
  • Tobacco and Other Nicotine Products
  • Local Health Departments
  • Electronic Cigarettes

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Enrolled

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H.B. 128

4 26B-7-522 78B-3-406

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TOBACCO CESSATION AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Thomas W. Peterson Senate Sponsor: Michael S. Kennedy

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LONG TITLE

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General Description:

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This bill permits a minor to consent to and participate in tobacco and nicotine cessation

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services.

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Highlighted Provisions:

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This bill:

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▸permits a minor to consent to and participate in tobacco and nicotine cessation services

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that are delivered or contracted for by the Department of Health and Human Services or a local

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health department.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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78B-3-406, as last amended by Laws of Utah 2021, Chapter 262

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ENACTS:

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26B-7-522, Utah Code Annotated 1953

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 26B-7-522 is enacted to read:

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26B-7-522. Tobacco and nicotine cessation services for minors.

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(1) As used in this section:

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(a) "Minor" means an individual who is younger than 18 years old.

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(b) "Tobacco and nicotine cessation services" means a program that:

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(i) is specifically designed for minors who use tobacco products, electronic cigarette

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products, or nicotine products;

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(ii) is operated by the department, a local health department, or a contractor that is

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approved by the department or a local health department;

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(iii) provides general information about the services offered by the department, the

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local health department, or a contractor that is approved by the department or the

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local health department before the minor's registration and participation in the

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program;

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(iv) provides the minor with access to any of the following:

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(A) assessment;

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(B) web-based resources; or

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(C) coaching through technology-based communication tools; and

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(v) does not provide:

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(A) any form of nicotine replacement therapy; or

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(B) any other service not described in Subsection (1)(b)(iii) or (iv).

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(2) Consent to tobacco and nicotine cessation services executed by a minor who is or

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professes to be afflicted with nicotine dependence shall have the same legal effect upon

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the minor and the same legal obligations with regard to the giving of consent as consent

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given by an individual of full legal age and capacity.

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(3) A person providing tobacco and nicotine cessation services shall actively encourage a

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minor to inform the minor's parent or guardian for support.

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(4) Nothing in this section authorizes a violation of Section 53E-9-203.

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Section 2, Section 78B-3-406 is amended to read:

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78B-3-406. Failure to obtain informed consent -- Proof required of patient --

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Defenses -- Consent to health care.

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(1) (a)When a person submits to health care rendered by a health care provider, it is

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presumed that actions taken by the health care provider are either expressly or

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impliedly authorized to be done.

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(b)For a patient to recover damages from a health care provider in an action based upon

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the provider's failure to obtain informed consent, the patient must prove the following:

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(i)that a provider-patient relationship existed between the patient and health care

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provider;

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(ii)the health care provider rendered health care to the patient;

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(iii)the patient suffered personal injuries arising out of the health care rendered;

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(iv)the health care rendered carried with it a substantial and significant risk of

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causing the patient serious harm;

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(v)the patient was not informed of the substantial and significant risk;

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(vi)a reasonable, prudent person in the patient's position would not have consented to

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the health care rendered after having been fully informed as to all facts relevant to

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the decision to give consent; and

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(vii)the unauthorized part of the health care rendered was the proximate cause of

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personal injuries suffered by the patient.

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(2)In determining what a reasonable, prudent person in the patient's position would do

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under the circumstances, the finder of fact shall use the viewpoint of the patient before

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health care was provided and before the occurrence of any personal injuries alleged to

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have arisen from said health care.

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(3)It shall be a defense to any malpractice action against a health care provider based upon

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alleged failure to obtain informed consent if:

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(a)the risk of the serious harm which the patient actually suffered was relatively minor;

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(b)the risk of serious harm to the patient from the health care provider was commonly

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known to the public;

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(c)the patient stated, prior to receiving the health care complained of, that he would

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accept the health care involved regardless of the risk; or that he did not want to be

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informed of the matters to which he would be entitled to be informed;

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(d)the health care provider, after considering all of the attendant facts and

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circumstances, used reasonable discretion as to the manner and extent to which risks

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were disclosed, if the health care provider reasonably believed that additional

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disclosures could be expected to have a substantial and adverse effect on the patient's

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condition; or

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(e)the patient or the patient's representative executed a written consent which sets forth

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the nature and purpose of the intended health care and which contains a declaration

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that the patient accepts the risk of substantial and serious harm, if any, in hopes of

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obtaining desired beneficial results of health care and which acknowledges that

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health care providers involved have explained the patient's condition and the

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proposed health care in a satisfactory manner and that all questions asked about the

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health care and its attendant risks have been answered in a manner satisfactory to the

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patient or the patient's representative.

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(4)The written consent shall be a defense to an action against a health care provider based

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upon failure to obtain informed consent unless the patient proves that the person giving

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the consent lacked capacity to consent or shows by clear and convincing evidence that

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the execution of the written consent was induced by the defendant's affirmative acts of

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fraudulent misrepresentation or fraudulent omission to state material facts.

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(5)This act may not be construed to prevent any person 18 years old or over from refusing

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to consent to health care for the patient's own person upon personal or religious grounds.

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(6)Except as provided in Section 76-7-304.5, the following persons are authorized and

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empowered to consent to any health care not prohibited by law:

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(a)any parent, whether an adult or a minor, for the parent's minor child;

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(b)any married person, for a spouse;

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(c)any person temporarily standing in loco parentis, whether formally serving or not, for

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the minor under that person's care and any guardian for the guardian's ward;

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(d)any person 18 years old or over older for that person's parent who is unable by

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reason of age, physical or mental condition, to provide such consent;

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(e)any patient 18 years old or over older;

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(f)any female regardless of age or marital status, when given in connection with her

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pregnancy or childbirth;

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(g)in the absence of a parent, any adult for the adult's minor brother or sister;

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(h)in the absence of a parent, any grandparent for the grandparent's minor grandchild;

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(i)an emancipated minor as provided in Section 80-7-105;

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(j)a minor who has contracted a lawful marriage; and

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(k)an unaccompanied homeless minor, as that term is defined in the McKinney-Vento

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Homeless Assistance Act of 1987, Pub. L. 100-77, as amended, who is 15 years old

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or older . ; and

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(l) a minor receiving tobacco and nicotine cessation services under Section 26B-7-522.

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(7)A person who in good faith consents or authorizes health care treatment or procedures

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for another as provided by this act may not be subject to civil liability.

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(8)Notwithstanding any other provision of this section, if a health care provider fails to

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comply with the requirement in Section 58-1-509, the health care provider is presumed

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to have lacked informed consent with respect to the patient examination, as defined in

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Section 58-1-509.

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Section 3. Effective date. This bill takes effect on May 1, 2024.