Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 247
                       MEDICAL MALPRACTICE AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Michael K. McKell
                                 House Sponsor: Nelson T. Abbott
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 LONG TITLE
 General Description:
        This bill clarifies what health care means in the context of a medical malpractice action.
 Highlighted Provisions:
        This bill:
        < clarifies what health care means in the context of a medical malpractice action.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        78B-3-403, as last amended by Laws of Utah 2022, Chapters 356, 415
20
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 78B-3-403 is amended to read:
        78B-3-403. Definitions.
        As used in this part:
        (1) "Audiologist" means a person licensed to practice audiology under Title 58,
 Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
        (2) "Certified social worker" means a person licensed to practice as a certified social
 worker under Section 58-60-205.
        (3) "Chiropractic physician" means a person licensed to practice chiropractic under
       S.B. 247                                                                          Enrolled Copy
 Title 58, Chapter 73, Chiropractic Physician Practice Act.
        (4) "Clinical social worker" means a person licensed to practice as a clinical social
 worker under Section 58-60-205.
        (5) "Commissioner" means the commissioner of insurance as provided in Section
 31A-2-102.
        (6) "Dental hygienist" means a person licensed to engage in the practice of dental
 hygiene as defined in Section 58-69-102.
        (7) "Dental care provider" means any person, partnership, association, corporation, or
 other facility or institution who causes to be rendered or who renders dental care or
 professional services as a dentist, dental hygienist, or other person rendering similar care and
 services relating to or arising out of the practice of dentistry or the practice of dental hygiene,
 and the officers, employees, or agents of any of the above acting in the course and scope of
 their employment.
        (8) "Dentist" means a person licensed to engage in the practice of dentistry as defined
 in Section 58-69-102.
        (9) "Division" means the Division of Professional Licensing created in Section
 58-1-103.
        (10) "Future damages" includes a judgment creditor's damages for future medical
 treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and
 suffering.
        (11) (a) "Health care" means any act or treatment performed or furnished, or which
 should have been performed or furnished, by any health care provider for, to, or on behalf of a
 patient during the patient's medical care, treatment, or confinement.
        (b) "Health care" does not include an act that, based on the totality of the
 circumstances, is sexual in nature regardless of whether:
        (i) the act was committed under the auspice of providing professional diagnosis,
 counseling, or treatment; or
        (ii) at the time the act occurred, the victim believed the act was for medically or
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       Enrolled Copy                                                                               S.B. 247
 professionally appropriate diagnosis, counseling, or treatment.
         (12) "Health care facility" means general acute hospitals, specialty hospitals, home
 health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers,
 ambulatory surgical facilities, small health care facilities, health care facilities owned or
 operated by health maintenance organizations, and end stage renal disease facilities.
         (13) "Health care provider" includes any person, partnership, association, corporation,
 or other facility or institution who causes to be rendered or who renders health care or
 professional services as a hospital, health care facility, physician, physician assistant, registered
 nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental
 hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical
 therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic
 physician, osteopathic physician, osteopathic physician and surgeon, audiologist,
 speech-language pathologist, clinical social worker, certified social worker, social service
 worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or
 others rendering similar care and services relating to or arising out of the health needs of
 persons or groups of persons and officers, employees, or agents of any of the above acting in
 the course and scope of their employment.
         (14) "Hospital" means a public or private institution licensed under Title 26, Chapter
 21, Health Care Facility Licensing and Inspection Act.
         (15) "Licensed athletic trainer" means a person licensed under Title 58, Chapter 40a,
 Athletic Trainer Licensing Act.
         (16) "Licensed direct-entry midwife" means a person licensed under the Direct-entry
 Midwife Act to engage in the practice of direct-entry midwifery as defined in Section
 58-77-102.
         (17) "Licensed practical nurse" means a person licensed to practice as a licensed
 practical nurse as provided in Section 58-31b-301.
         (18) "Malpractice action against a health care provider" means any action against a
 health care provider, whether in contract, tort, breach of warranty, wrongful death, or
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        S.B. 247                                                                       Enrolled Copy
 otherwise, based upon alleged personal injuries relating to or arising out of health care rendered
 or which should have been rendered by the health care provider.
        (19) "Marriage and family therapist" means a person licensed to practice as a marriage
 therapist or family therapist under Sections 58-60-305 and 58-60-405.
        (20) "Naturopathic physician" means a person licensed to engage in the practice of
 naturopathic medicine as defined in Section 58-71-102.
        (21) "Nurse-midwife" means a person licensed to engage in practice as a nurse midwife
 under Section 58-44a-301.
        (22) "Optometrist" means a person licensed to practice optometry under Title 58,
 Chapter 16a, Utah Optometry Practice Act.
        (23) "Osteopathic physician" means a person licensed to practice osteopathy under
 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
        (24) "Patient" means a person who is under the care of a health care provider, under a
 contract, express or implied.
        (25) "Periodic payments" means the payment of money or delivery of other property to
 a judgment creditor at intervals ordered by the court.
        (26) "Pharmacist" means a person licensed to practice pharmacy as provided in Section
 58-17b-301.
        (27) "Physical therapist" means a person licensed to practice physical therapy under
 Title 58, Chapter 24b, Physical Therapy Practice Act.
        (28) "Physical therapist assistant" means a person licensed to practice physical therapy,
 within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical
 Therapy Practice Act.
        (29) "Physician" means a person licensed to practice medicine and surgery under Title
 58, Chapter 67, Utah Medical Practice Act.
        (30) "Physician assistant" means a person licensed to practice as a physician assistant
 under Title 58, Chapter 70a, Utah Physician Assistant Act.
        (31) "Podiatric physician" means a person licensed to practice podiatry under Title 58,
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        Enrolled Copy                                                                                S.B. 247
 Chapter 5a, Podiatric Physician Licensing Act.
         (32) "Practitioner of obstetrics" means a person licensed to practice as a physician in
 this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68,
 Utah Osteopathic Medical Practice Act.
         (33) "Psychologist" means a person licensed under Title 58, Chapter 61, Psychologist
 Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102.
         (34) "Registered nurse" means a person licensed to practice professional nursing as
 provided in Section 58-31b-301.
         (35) "Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother,
 child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term
 includes relationships that are created as a result of adoption.
         (36) "Representative" means the spouse, parent, guardian, trustee, attorney-in-fact,
 person designated to make decisions on behalf of a patient under a medical power of attorney,
 or other legal agent of the patient.
         (37) "Social service worker" means a person licensed to practice as a social service
 worker under Section 58-60-205.
         (38) "Speech-language pathologist" means a person licensed to practice
 speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and
 Audiology Licensing Act.
         (39) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act or
 omission proximately causing injury or damage to another.
         (40) "Unanticipated outcome" means the outcome of a medical treatment or procedure
 that differs from an expected result.
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Statutes affected: 
Introduced: 78B-3-403
Enrolled: 78B-3-403