Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 247 (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies what health care means in the context of a medical malpractice action.

Every vote on this bill

Bill text

MEDICAL MALPRACTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Nelson T. Abbott
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
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
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
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
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,
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.