Utah Code 78B-3-407. Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child
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(1) A malpractice action against a health care provider may not be brought on the basis of the consequences resulting from the refusal of a child’s parent or guardian to consent to the child’s health care, if:
Terms Used In Utah Code 78B-3-407
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- 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. See Utah Code 78B-3-403
- 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. See Utah Code 78B-3-403
- 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. See Utah Code 78B-3-403
(1)(a) the health care is recommended by the health care provider;(1)(b) the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and(1)(c) the consent of the parent or guardian is required by law before the health care may be administered.
(2) The sole purpose of this section is to prohibit a malpractice action against a health care provider under the circumstances set forth by this section. This section may not be construed to:
(2)(a) create a new cause of action;
(2)(b) expand an existing cause of action;
(2)(c) impose a new duty on a health care provider; or
(2)(d) expand an existing duty of a health care provider.