Download Zipped Introduced WordPerfect HB0227.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 227
1
MIDWIFE CERTIFICATION ACT
2
2004 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Jackie Biskupski
5
Eric K. Hutchings
6
David Litvack
7
Peggy WallaceDon E. Bush
J. Morgan Philpot
Mike ThompsonTy McCartney
Glenn A. Donnelson
8
9
LONG TITLE
10
General Description:
11
This bill modifies the Occupations and Professions Code by enacting the Midwife
12
Certification Act and makes related changes to the Health Care Providers Immunity
13
from Liability Act.
14
Highlighted Provisions:
15
This bill:
16
. provides for certification of Direct-entry midwives by the Division of Occupational
17
and Professional Licensing;
18
. provides for definitions relating to the practice of midwives;
19
. creates the Certified Direct-entry Midwife Board and sets forth its membership and
20
duties;
21
. requires the division to establish a Certified Direct-entry Midwife Formulary
22
Committee and a certified Direct-entry midwife formulary to define which
23
prescription drugs and devices can be prescribed and administered by certified
24
Direct-entry midwives and to provide guidelines for their use;
25
. provides for disciplinary action, including administrative penalties, against certified
26
Direct-entry midwives;
27
. defines and provides penalties for unlawful and unprofessional conduct;
28
. sets standards for consultation, collaboration, referral, and transfer to or with other
29
health care providers and sets standards for liability under those circumstances; and
30
. brings certified Direct-entry midwives within the scope of the Health Care
31
Providers Immunity From Liability Act.
32
Monies Appropriated in this Bill:
33
None
34
Other Special Clauses:
35
None
36
Utah Code Sections Affected:
37
AMENDS:
38
58-13-2, as last amended by Chapter 3, Laws of Utah 2003
39
58-13-3, as last amended by Chapter 207, Laws of Utah 2003
40
78-14-3, as last amended by Chapter 131, Laws of Utah 2002
41
ENACTS:
42
58-77-101, Utah Code Annotated 1953
43
58-77-102, Utah Code Annotated 1953
44
58-77-201, Utah Code Annotated 1953
45
58-77-202, Utah Code Annotated 1953
46
58-77-301, Utah Code Annotated 1953
47
58-77-302, Utah Code Annotated 1953
48
58-77-303, Utah Code Annotated 1953
49
58-77-304, Utah Code Annotated 1953
50
58-77-401, Utah Code Annotated 1953
51
58-77-501, Utah Code Annotated 1953
52
58-77-502, Utah Code Annotated 1953
53
58-77-503, Utah Code Annotated 1953
54
58-77-601, Utah Code Annotated 1953
55
58-77-602, Utah Code Annotated 1953
56
58-77-603, Utah Code Annotated 1953
57
58
Be it enacted by the Legislature of the state of Utah:
59
Section 1.
Section
58-13-2
is amended to read:
60
58-13-2. Emergency care rendered by licensee.
61
(1) A person licensed or certified under Title 58, Occupations and Professions, to
62
practice as any of the following health care professionals, who is under no legal duty to
63
respond, and who in good faith renders emergency care at the scene of an emergency
64
gratuitously and in good faith, is not liable for any civil damages as a result of any acts or
65
omissions by the person in rendering the emergency care:
66
(a) osteopathic physician;
67
(b) physician and surgeon;
68
(c) naturopathic physician;
69
(d) dentist or dental hygienist;
70
(e) chiropractic physician;
71
(f) physician assistant;
72
(g) optometrist;
73
(h) nurse licensed under Section
58-31b-301
or
58-31c-102
;
74
(i) podiatrist;
75
(j) certified nurse midwife;
76
(k) respiratory therapist; [or]
77
(l) pharmacist, pharmacy technician, and pharmacy intern[.]; or
78
(m) Direct-entry midwife certified under Section
58-77-301
.
79
(2) (a) This Subsection (2) applies to health care professionals:
80
(i) described in Subsection (1);
81
(ii) who are under no legal duty to respond to the circumstances described in
82
Subsection (2)(b);
83
(iii) who are acting within the scope of the health care professional's license, or within
84
the scope of practice as modified under Subsection
58-1-307
(4); and
85
(iv) who are acting in good faith without compensation or remuneration as defined in
86
Subsection
58-13-3
(2).
87
(b) A health care professional described in Subsection (2)(a) is not liable for any civil
88
damages as a result of any acts or omissions by the health care professional in rendering care as
89
a result of:
90
(i) implementation of measures to control the causes of epidemic and communicable
91
diseases and other conditions significantly affecting the public health or necessary to protect
92
the public health as set out in Title 26A, Chapter 1, Local Health Departments;
93
(ii) investigating and controlling suspected bioterrorism and disease as set out in Title
94
26, Chapter 23b, Detection of Public Health Emergencies Act; and
95
(iii) responding to a national, state, or local emergency, a public health emergency as
96
defined in Section
26-23b-102
, or a declaration by the President of the United States or other
97
federal official requesting public health-related activities.
98
(3) The immunity in Subsection (2) is in addition to any immunity or protection in state
99
or federal law that may apply.
100
Section 2.
Section
58-13-3
is amended to read:
101
58-13-3. Qualified immunity -- Health professionals -- Charity care.
102
(1) (a) (i) The Legislature finds many residents of this state do not receive medical care
103
and preventive health care because they lack health insurance or because of financial
104
difficulties or cost.
105
(ii) The Legislature also finds that many physicians, charity health care facilities, and
106
other health care professionals in this state would be willing to volunteer medical and allied
107
services without compensation if they were not subject to the high exposure of liability
108
connected with providing these services.
109
(b) The Legislature therefore declares that its intention in enacting this section is to
110
encourage the provision of uncompensated volunteer charity health care in exchange for a
111
limitation on liability for the health care facilities and health care professionals who provide
112
those volunteer services.
113
(2) As used in this section:
114
(a) "Health care facility" means any clinic or hospital, church, or organization whose
115
primary purpose is to sponsor, promote, or organize uncompensated health care services for
116
people unable to pay for health care services.
117
(b) "Health care professional" means individuals licensed or certified under Title 58,
118
Occupations and Professions, as physicians and surgeons, osteopaths, podiatrists, optometrists,
119
chiropractors, dentists, dental hygienists, registered nurses, certified nurse midwives, [and]
120
other nurses licensed under Section
58-31b-301
[.], and certified Direct-entry midwives.
121
(c) "Remuneration or compensation":
122
(i) (A) means direct or indirect receipt of any payment by the physician and surgeon,
123
health care facility, other health care professional, or organization, on behalf of the patient,
124
including payment or reimbursement under medicare or medicaid, or under the state program
125
for the medically indigent on behalf of the patient; and
126
(B) compensation, salary, or reimbursement to the health care professional from any
127
source for the health care professional's services or time in volunteering to provide
128
uncompensated health care; and
129
(ii) does not mean any grant or donation to the health care facility used to offset direct
130
costs associated with providing the uncompensated health care such as medical supplies or
131
drugs.
132
(3) A health care professional who provides health care treatment at or on behalf of a
133
health care facility is not liable in a medical malpractice action if:
134
(a) the treatment was within the scope of the health care professional's license under
135
this title;
136
(b) neither the health care professional nor the health care facility received
137
compensation or remuneration for the treatment;
138
(c) the acts or omissions of the health care professional were not grossly negligent or
139
willful and wanton; and
140
(d) prior to rendering services, the health care professional disclosed in writing to the
141
patient, or if a minor, to the patient's parent or legal guardian, that the health care professional
142
is providing the services without receiving remuneration or compensation and that in exchange
143
for receiving uncompensated health care, the patient consents to waive any right to sue for
144
professional negligence except for acts or omissions which are grossly negligent or are willful
145
and wanton.
146
(4) A health care facility which sponsors, promotes, or organizes the uncompensated
147
care is not liable in a medical malpractice action for acts and omissions if:
148
(a) the health care facility meets the requirements in Subsection (3)(b);
149
(b) the acts and omissions of the health care facility were not grossly negligent or
150
willful and wanton; and
151
(c) the health care facility has posted, in a conspicuous place, a notice that in
152
accordance with this section the health care facility is not liable for any civil damages for acts
153
or omissions except for those acts or omissions that are grossly negligent or are willful and
154
wanton.
155
(5) Immunity from liability under this section does not extend to the use of general
156
anesthesia or care that requires an overnight stay in a general acute or specialty hospital
157
licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
158
Section 3.
Section
58-77-101
is enacted to read:
159
CHAPTER 77. MIDWIFE CERTIFICATION ACT
160
Part 1. General Provisions
161
58-77-101. Title.
162
This chapter is known as the "Midwife Certification Act."
163
Section 4.
Section
58-77-102
is enacted to read:
164
58-77-102. Definitions.
165
In addition to the definitions in Section
58-1-102
, as used in this chapter:
166
(1) "Board" means the Certified Direct-entry Midwife Board created in Section
167
58-77-201
.
168
(2) "Certified Direct-entry midwife" means a person certified under this chapter.
169
(3) "Client" means a woman under the care of a midwife and her fetus or newborn.
170
(4) "Midwife" means an individual who is engaging in the practice of midwifery.
171
(5) "Physician" means an individual licensed as a physician and surgeon, osteopathic
172
physician, or naturopathic physician.
173
(6) "Practice of midwifery" means practice that is in accordance with national
174
professional midwifery standards and that is based upon the acquisition of clinical skills
175
necessary for the care of essentially normal pregnant women and newborns, including
176
antepartum, intrapartum, postpartum, newborn, and limited interconceptual care and includes:
177
(a) obtaining an informed consent to provide services;
178
(b) obtaining a health history including a physical examination;
179
(c) developing a plan of care for a client;
180
(d) evaluating the results of client care;
181
(e) consulting and collaborating with and referring and transferring care to licensed
182
health care professionals as is appropriate regarding the care of a client;
183
(f) obtaining medications, as specified in this Subsection (6)(f) or by rule, to administer
184
to clients, including:
185
(i) prescription vitamins;
186
(ii) Rho D immunolglobulin;
187
(iii) CDC- or ACOG-recommended agents for Group B strep prophylaxis;
188
(iv) sterile water;
189
(v) IV fluids, excluding blood products;
190
(vi) oxytocin (Pitocin) or methlergonvine maleate (Methergine) for use postpartum
191
only;
192
(vii) oxygen;
193
(viii) local anesthetics for suturing an episiotomy or natural lacerations;
194
(ix) vitamin K to prevent hemorrhagic disease of the newborn;
195
(x) eye prophylaxis to prevent opthalmia neonatorum as required by law; and
196
(xi) other medications that are not controlled substances as defined in Section
58-37-2
197
and which are approved by the division in collaboration with the Certified Direct-entry
198
Midwife Formulary Committee;
199
(g) obtaining food, food extracts, dietary supplements as defined by the Federal Food,
200
Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as
201
prescription drugs or controlled substances, and over-the-counter medications to administer to
202
clients;
203
(h) obtaining and using appropriate equipment and devices such as Doppler, fetal
204
monitor, blood pressure cuff, phlebotomy supplies, instruments, and sutures;
205
(i) obtaining appropriate screening and testing, including laboratory tests, urinalysis,
206
and ultrasound;
207
(j) managing the antepartum period;
208
(k) managing the intrapartum period including:
209
(i) monitoring and evaluating the condition of mother and fetus;
210
(ii) performing emergency episiotomy; and
211
(iii) delivering in any out-of-hospital setting;
212
(l) managing the postpartum period including:
213
(i) suturing of episiotomy or first and second degree natural perineal and labial
214
lacerations, including the administration of a local anesthetic; and
215
(ii) managing hemorrhage, including the administration of Pitocin, Methergine, or IV
216
fluids;
217
(m) managing the newborn period including:
218
(i) providing care for the newborn, including performing a normal newborn
219
examination; and
220
(ii) resuscitating a newborn;
221
(n) providing the following limited interconceptual services:
222
(i) breastfeeding support and counseling;
223
(ii) family planning, limited to natural family planning, cervical caps and diaphragms;
224
and
225
(iii) pap smears, where all abnormal results are to be referred to a physician; and
226
(o) executing the orders of a licensed health care professional, only within the
227
education, knowledge, and skill of the midwife.
228
(7) "Unlawful conduct" is as defined in Sections
58-1-501
and
58-77-501
.
229
(8) "Unprofessional conduct" is as defined in Sections
58-1-501
and
58-77-502
and as
230
may be further defined by rule.
231
Section 5.
Section
58-77-201
is enacted to read:
232
Part 2. Board
233
58-77-201. Board.
234
(1) There is created the Certified Direct-entry Midwife Board consisting of four
235
certified Direct-entry midwives and one member of the general public.
236
(2) The board shall be appointed and serve in accordance with Section
58-1-201
.
237
(3) (a) The duties and responsibilities of the board shall be in accordance with Sections
238
58-1-202
and
58-1-203
.
239
(b) The board shall designate one of its members on a permanent or rotating basis to:
240
(i) assist the division in reviewing complaints concerning the unlawful or
241
unprofessional conduct of a certified Direct-entry midwife; and
242
(ii) advise the division in its investigation of these complaints.
243
(4) A board member who has, under Subsection (3), reviewed a complaint or advised
244
in its investigation may be disqualified from participating with the board when the board serves
245
as a presiding officer in an adjudicative proceeding concerning the complaint.
246
(5) Faculty, board members, and other staff of Direct-entry midwifery learning
247
institutions may serve on the board.
248
Section 6.
Section
58-77-202
is enacted to read:
249
58-77-202. Certified Direct-entry Midwife Formulary Committee -- Adoption of
250
certified Direct-entry midwife formulary.
251
(1) The division shall establish a Certified Direct-entry Midwife Formulary Committee
252
under Subsection
58-1-203
(1)(f) to make recommendations to the board and the division
253
regarding the certified Direct-entry midwife formulary, including recommendations on which
254
additional prescription drugs and devices are appropriate for the scope of practice of certified
255
Direct-entry midwives and guidelines for their use.
256
(2) The committee shall consist of five members as follows:
257
(a) two certified Direct-entry midwives;
258
(b) one licensed physician who has recent, within five years, professional experience
259
consulting for and collaborating with Direct-entry midwives;
260
(c) one certified nurse midwife who has recent, within five years, professional
261
experience consulting for and collaborating with Direct-entry midwives; and
262
(d) one licensed pharmacist.
263
(3) The committee members shall:
264
(a) be appointed by the director of the division; and
265
(b) serve without compensation, travel costs, or per diem for their services.
266
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
267
division shall adopt by rule a certified Direct-entry midwife formulary which includes:
268
(a) those additional prescription drugs or devices which may be obtained and
269
administered by certified Direct-entry midwives as defined in Subsection
58-77-102
(6)(f)(xi);
270
and
271
(b) standards, conditions, and guidelines for use of the prescription drugs or devices
272
included in the formulary.
273
Section 7.
Section
58-77-301
is enacted to read:
274
Part 3. Certification
275
58-77-301. Certification classification.
276
The division shall issue to a person who qualifies under this chapter a certification as a
277
certified Direct-entry midwife.
278
Section 8.
Section
58-77-302
is enacted to read:
279
58-77-302. Qualifications for certification.
280
Each applicant for certification as a certified Direct-entry midwife shall:
281
(1) submit an application in a form prescribed by the division;
282
(2) pay a fee as determined by the department under Section
63-38-3.2
;
283
(3) be of good moral character;
284
(4) hold a Certified Professional Midwife certificate in good standing with the North
285
American Registry of Midwives or equivalent certification approved by the division in
286
collaboration with the board;
287
(5) hold current adult and infant CPR and newborn resuscitation certifications through
288
an organization approved by the division in collaboration with the board; and
289
(6) provide documentation of successful completion of an approved pharmacology
290
course as defined by division rule.
291
Section 9.
Section
58-77-303
is enacted to read:
292
58-77-303. Term of certification -- Expiration -- Renewal.
293
(1) (a) The division shall issue each certification under this chapter in accordance with
294
a two-year renewal cycle established by rule.
295
(b) The division may by rule extend or shorten a renewal period by as much as one year
296
to stagger the renewal cycles it administers.
297
(2) Each certification automatically expires on the expiration date shown on the
298
certification unless the individual renews it in accordance with Section
58-1-308
.
299
(3) At the time of renewal, the certified Direct-entry midwife shall be in current
300
compliance with the requirements of Section
58-77-302
.
301
Section 10.
Section
58-77-304
is enacted to read:
302
58-77-304. Parents' rights.
303
Nothing in this chapter abridges, limits, or changes in any way the right of parents to
304
deliver their baby where, when, how, and with whom they choose, regardless of certification
305
under this chapter.
306
Section 11.
Section
58-77-401
is enacted to read:
307
Part 4. Certification Denial and Discipline
308
58-77-401. Grounds for denial of certification -- Disciplinary proceedings.
309
Grounds for refusing to issue a certification to an applicant, for refusing to renew the
310
certification, for revoking, suspending, restricting, or placing on probation the certification, for
311
issuing a public or private reprimand, and for issuing a cease and desist order shall be in
312
accordance with Section
58-1-401
.
313
Section 12.
Section
58-77-501
is enacted to read:
314
Part 5. Unlawful and Unprofessional Conduct -- Penalties
315
58-77-501. Unlawful conduct.
316
In addition to the definition in Subsection
58-1-501
(1), "unlawful conduct" includes:
317
(1) representing or holding oneself out as a certified Direct-entry midwife when not
318
certified under this chapter; and
319
(2) using prescription medications, except oxygen, while engaged in the practice of
320
midwifery when not certified under this chapter.
321
Section 13.
Section
58-77-502
is enacted to read:
322
58-77-502. Unprofessional conduct.
323
In addition to the definition in Subsection
58-1-501
(2), "unprofessional conduct"
324
includes:
325
(1) engaging in any act or practice for which the certified Direct-entry midwife is not
326
competent;
327
(2) failing to obtain informed consent as described in Subsection
58-77-601
(1);
328
(3) disregarding a client's dignity or right to privacy as to her person, condition,
329
possessions, or medical record;
330
(4) failing to file or record any medical report as required by law, impeding, or
331
obstructing the filing or recording of such a report, or inducing another to fail to file or record
332
such a report;
333
(5) breaching a statutory, common law, regulatory, or ethical requirement of
334
confidentiality with respect to a person who is a client, unless ordered by the court;
335
(6) inappropriately delegating midwifery duties;
336
(7) using advertising or an identification statement that is false, misleading, or
337
deceptive;
338
(8) using in combination with the term "midwife" the term "nurse" or another title,
339
initial, or designation that falsely implies that the midwife is licensed as a certified nurse
340
midwife, registered nurse, or licensed practical nurse; and
341
(9) submitting a birth certificate known by the person to be false or fraudulent.
342
Section 14.
Section
58-77-503
is enacted to read:
343
58-77-503. Penalty for unlawful conduct.
344
A person who violates the unlawful conduct provisions defined in this chapter is guilty
345
of a class A misdemeanor.
346
Section 15.
Section
58-77-601
is enacted to read:
347
Part 6. Standards of Practice
348
58-77-601. Standards of practice.
349
(1) (a) Prior to providing any services, a certified Direct-entry midwife must obtain an
350
informed consent from a client.
351
(b) The consent must include:
352
(i) the name and certificate number of the midwife;
353
(ii) the client's name, address, telephone number, and primary care provider, if the
354
client has one; and
355
(iii) all sections required by the North American Registry of Midwives in its informed
356
consent guidelines.
357
(2) (a) The certified Direct-entry midwife must recommend to the client that she be
358
evaluated by a physician or certified nurse midwife during the first trimester.
359
(b) If the client refuses, the certified Direct-entry midwife must document the refusal
360
and have the client sign another informed consent indicating the refusal to be evaluated by a
361
physician or certified nurse midwife.
362
(3) A certified Direct-entry midwife shall appropriately consult with, collaborate with,
363
refer to, or recommend that a client transfer care to a licensed health care professional when the
364
circumstances require that action in accordance with standards established by division rule.
365
(4) If after a client has been informed that she has or may have a high-risk condition
366
indicating the need for medical consultation, collaboration, referral, or transfer and the client
367
chooses to decline, then the certified Direct-entry midwife shall:
368
(a) continue to provide care for the client if the client signs a waiver of medical
369
consultation, collaboration, referral, or transfer; or
370
(b) terminate care in accordance with procedures established by division rule.
371
(5) If transfer of care results from an emergency situation, the certified Direct-entry
372
midwife shall initiate transfer by:
373
(a) calling 911 and reporting the need for immediate transfer;
374
(b) immediately transporting the client by private vehicle to the receiving provider; or
375
(c) contacting the physician to whom the client will be transferred and following that
376
physician's orders.
377
Section 16.
Section
58-77-602
is enacted to read:
378
58-77-602. Immunity and liability.
379
(1) If a midwife seeks to consult with, refer, or transfer a client to a physician, certified
380
nurse midwife, or facility, the responsibility of the provider or facility for the client does not
381
begin until the client is physically within the care of the provider or facility.
382
(2) A physician or certified nurse midwife who examines a client in accordance with
383
Subsection
58-77-601
(2) is only liable for the actual examination and cannot be held
384
accountable for the client's decision to pursue an out-of-hospital birth or the services of a
385
midwife.
386
(3) (a) A physician or certified nurse midwife may, upon receiving a briefing data from
387
a midwife, issue a medical order for the midwife's client, without that client being an explicit
388
patient of the physician or certified nurse midwife.
389
(b) The responsibility and liability for the briefing and the proper execution of the
390
medical order is that of the midwife.
391
(c) The provider giving the order is responsible and liable only for the appropriateness
392
of the order given the data received.
393
(d) The issuing of an order for a midwife's client does not constitute a delegation of
394
duties from the other provider to the midwife.
395
Section 17.
Section
58-77-603
is enacted to read:
396
58-77-603. Prohibited practices.
397
A midwife may not:
398
(1) administer a prescription drug to a client, other than those specified in Subsection
399
58-77-102
(6);
400
(2) use forceps or a vacuum extractor, or effect any type of surgical delivery except for
401
the cutting of an emergency episiotomy;
402
(3) administer any type of epidural, spinal, or caudal anesthetic, or any type of narcotic
403
analgesia; or
404
(4) induce abortion.
405
Section 18.
Section
78-14-3
is amended to read:
406
78-14-3. Definitions.
407
As used in this chapter:
408
(1) "Audiologist" means a person licensed to practice audiology under Title 58,
409
Chapter 41, Speech-language Pathology and Audiology Licensing Act.
410
(2) "Certified Direct-entry midwife" means a person certified under the Midwife
411
Certification Act to practice midwifery as defined in Section
58-77-102
.
412
[(2)] (3) "Certified social worker" means a person licensed to practice as a certified
413
social worker under Section [
58-60-305
]
58-60-205
.
414
[(3)] (4) "Chiropractic physician" means a person licensed to practice chiropractic
415
under Title 58, Chapter 73, Chiropractic Physician Practice Act.
416
[(4)] (5) "Clinical social worker" means a person licensed to practice as a clinical
417
social worker under Section [
58-60-305
]
58-60-205
.
418
[(5)] (6) "Commissioner" means the commissioner of insurance as provided in Section
419
31A-2-102
.
420
[(6)] (7) "Dental hygienist" means a person licensed to practice dental hygiene as
421
defined in Section
58-69-102
.
422
[(7)] (8) "Dentist" means a person licensed to practice dentistry as defined in Section
423
58-69-102
.
424
[(8)] (9) "Division" means the Division of Occupational and Professional Licensing
425
created in Section
58-1-103
.
426
[(9)] (10) "Future damages" includes damages for future medical treatment, care or
427
custody, loss of future earnings, loss of bodily function, or future pain and suffering of the
428
judgment creditor.
429
[(10)] (11) "Health care" means any act or treatment performed or furnished, or which
430
should have been performed or furnished, by any health care provider for, to, or on behalf of a
431
patient during the patient's medical care, treatment, or confinement.
432
[(11)] (12) "Health care facility" means general acute hospitals, specialty hospitals,
433
home health agencies, hospices, nursing care facilities, assisted living facilities, birthing
434
centers, ambulatory surgical facilities, small health care facilities, health care facilities owned
435
or operated by health maintenance organizations, and end stage renal disease facilities.
436
[(12)] (13) "Health care provider" includes any person, partnership, association,
437
corporation, or other facility or institution who causes to be rendered or who renders health
438
care or professional services as a hospital, health care facility, physician, registered nurse,
439
licensed practical nurse, nurse midwife, certified Direct-entry midwife, dentist, dental
440
hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist,
441
podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic
442
physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical
443
social worker, certified social worker, social service worker, marriage and family counselor,
444
practitioner of obstetrics, or others rendering similar care and services relating to or arising out
445
of the health needs of persons or groups of persons and officers, employees, or agents of any of
446
the above acting in the course and scope of their employment.
447
[(13)] (14) "Hospital" means a public or private institution licensed under Title 26,
448
Chapter 21, Health Care Facility Licensing and Inspection Act.
449
[(14)] (15) "Licensed practical nurse" means a person licensed to practice as a licensed
450
practical nurse as provided in Section
58-31b-301
.
451
[(15)] (16) "Malpractice action against a health care provider" means any action against
452
a health care provider, whether in contract, tort, breach of warranty, wrongful death, or
453
otherwise, based upon alleged personal injuries relating to or arising out of health care rendered
454
or which should have been rendered by the health care provider.
455
[(16)] (17) "Marriage and family therapist" means a person licensed to practice as a
456
marriage therapist or family therapist under Section 58-60-405 and Section
58-60-305
.
457
[(17)] (18) "Naturopathic physician" means a person licensed to practice naturopathy
458
as defined in Section
58-71-102
.
459
[(18)] (19) "Nurse[-] midwife" means a person licensed to engage in practice as a nurse
460
midwife under Section
58-44a-301
.
461
[(19)] (20) "Optometrist" means a person licensed to practice optometry under Title 58,
462
Chapter 16a, Utah Optometry Practice Act.
463
[(20)] (21) "Osteopathic physician" means a person licensed to practice osteopathy
464
under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
465
[(21)] (22) "Patient" means a person who is under the care of a health care provider,
466
under a contract, express or implied.
467
[(22)] (23) "Pharmacist" means a person licensed to practice pharmacy as provided in
468
Section
58-17a-301
.
469
[(23)] (24) "Physical therapist" means a person licensed to practice physical therapy
470
under Title 58, Chapter 24a, Physical Therapist Practice Act.
471
[(24)] (25) "Physician" means a person licensed to practice medicine and surgery under
472
Title 58, Chapter 67, Utah Medical Practice Act.
473
[(25)] (26) "Podiatric physician" means a person licensed to practice podiatry under
474
Title 58, Chapter 5a, Podiatric Physician Licensing Act.
475
[(26)] (27) "Practitioner of obstetrics" means a person licensed to practice as a
476
physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58,
477
Chapter 68, Utah Osteopathic Medical Practice Act.
478
[(27)] (28) "Psychologist" means a person licensed under Title 58, Chapter 61,
479
Psychologist Licensing Act, to practice psychology as defined in Section
58-61-102
.
480
[(28)] (29) "Registered nurse" means a person licensed to practice professional nursing
481
as provided in Section
58-31b-301
.
482
[(29)] (30) "Representative" means the spouse, parent, guardian, trustee,
483
attorney-in-fact, or other legal agent of the patient.
484
[(30)] (31) "Social service worker" means a person licensed to practice as a social
485
service worker under Section
58-60-205
.
486
[(31)] (32) "Speech-language pathologist" means a person licensed to practice
487
speech-language pathology under Title 58, Chapter 41, Speech-language Pathology and
488
Audiology Licensing Act.
489
[(32)] (33) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act
490
or omission proximately causing injury or damage to another.
Legislative Review Note
as of 1-13-04 9:28 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.