Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 79 First Substitute (2016GS)

Sponsor

Rep. McIff, K.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals provisions concerning prelitigation panels; and
• provides requirements for a nonpatient plaintiff to establish a malpractice action against a health care provider.

Every vote on this bill

Bill text

NONPATIENT CAUSE OF ACTION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay L. McIff
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill repeals and enacts provisions of the Utah Health Care Malpractice Act.
Highlighted Provisions:
This bill:
▸ repeals provisions concerning prelitigation panels; and
▸ provides requirements for a nonpatient plaintiff to establish a malpractice action
against a health care provider.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-3-418
, as last amended by Laws of Utah 2013, Chapter 275
ENACTS:
78B-3-426
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-3-418
 is amended to read:
78B-3-418.
Decision and recommendations of panel -- No judicial or other review.
(1) (a) The panel shall issue an opinion and the division shall issue a certificate of
compliance with the pre-litigation hearing requirements of this part in accordance with this
section.
(b) A certificate of compliance issued in accordance with this section is proof that the
claimant has complied with all conditions precedent under this part prior to the commencement
of litigation as required in Subsection 
78B-3-412
(1).
[
(c) (i) Notwithstanding any other provision of this part, any party in a medical
malpractice action or arbitration hearing may request a prelitigation panel review as to a health
care provider and obtain a certificate of compliance for that specific, individual health care
provider for the purpose of allocating fault to that health care provider. A party in a medical
malpractice action or arbitration hearing may not attempt to allocate fault to any health care
provider unless a certificate of compliance has been issued in accordance with this section for
that specific, individual health care provider. A health care provider exempted from the
requirement of a prelitigation hearing by statute or an arbitration agreement, may nevertheless
be joined in a prelitigation hearing to satisfy the requirements of this section. Participation in a
prelitigation hearing may not waive any right to enforce an arbitration agreement.
]
[
(ii) The party making the claim against, or seeking to allocate fault to, a health care
provider is required to seek and obtain the certificate of compliance required by this Subsection
(1)(c).
]
(2) (a) The panel shall render its opinion in writing not later than 30 days after the end
of the proceedings, and determine on the basis of the evidence whether:
(i) each claim against each health care provider has merit or has no merit; and
(ii) if a claim is meritorious, whether the conduct complained of resulted in harm to the
claimant.
(b) There is no judicial or other review or appeal of the panel's decision or
recommendations.
(3) The division shall issue a certificate of compliance to the claimant, for each
respondent named in the intent to file a claim under this part, if:
(a) for a named respondent, the panel issues an opinion of merit under Subsections
(2)(a)(i) and (ii);
(b) for a named respondent, the claimant files an affidavit of merit in accordance with
Section 
78B-3-423
 if the opinion under Subsection (1)(a) is non-meritorious under either
Subsection (2)(a)(i) or (ii);
(c) the claimant has complied with the provisions of Subsections 
78B-3-416
(3)(c) and
(d); or
(d) the parties submitted a stipulation under Subsection 
78B-3-416
(3)(e).
Section 2. Section 
78B-3-426
 is enacted to read:
 78B-3-426.
Nonpatient cause of action.
(1) For purposes of this section, a nonpatient plaintiff does not include a patient, as
defined in Subsection 
78B-3-403
(23).
(2) This section does not apply to a healthcare malpractice action brought or seeking
recovery under Section 
30-2-11
, 
78B-3-106
, 
78B-3-107
, or 
78B-3-502
.
(3) To establish a malpractice action against a health care provider, a nonpatient
plaintiff shall be required to show that:
(a) the nonpatient plaintiff suffered an injury;
(b) the nonpatient plaintiff's injury was proximately caused by an act or omission of the
health care provider; and
(c) the health care provider's act or omission was conduct that manifests a knowing and
reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.