63G-33-304. Administrative enforcement -- Court action.

432 words·~2 min read·/ut/title-63g/chapter-33/63g-33-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)A health care provider may file a complaint with the Division of Professional Licensing alleging a violation of this part by another health care provider.

(b)The Division of Professional Licensing may:

(i)investigate a complaint described in Subsection (1)(a) ;

(ii)take action, as provided in Section 58-1-501 , against a health care provider who violates a provision of this part; or

(iii)bring a legal action in a court with jurisdiction against a health care provider who violates a provision of this part.

(c)If the Division of Professional Licensing does not investigate and take action under Subsection (1)(b) , the health care provider that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part.

(d)If the Division of Professional Licensing brings a legal action under Subsection (1)(c), or a health care provider brings a legal action under Subsection (1)(c), the person who brings the action:

(i)may seek, as a remedy for the alleged violation of this part, injunctive relief or damages; and

(ii)if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs.

(a)A health care provider may file a complaint with the Department of Health and Human Services alleging a violation of this part by a health care institution.

(b)The Department of Health and Human Services shall investigate a complaint described in Subsection (2)(a) and take action, under Title 26B, Chapter 2, Licensing and Certifications, against a health care institution that violates this part, or may bring a legal action in a court with jurisdiction against a health care institution that violates this part, to:

(i)enforce the provisions of this part; and

(ii)if applicable, impose a penalty for the violation.

(c)If the Department of Health and Human Services fails to investigate and take action under Subsection (2)(b) , the health care provider that filed the complaint may bring an action in a court with jurisdiction for the alleged violation of this part.

(d)If the Department of Health and Human Services brings a legal action under Subsection (2)(b) , or a health care provider brings a legal action under Subsection (2)(c) , the person who brings the action:

(i)may seek, as a remedy for the alleged violation of this part, injunctive relief or damages; and

(ii)if the person prevails in the action, is entitled to an award for reasonable attorney fees and costs.

Enacted by Chapter 429 , 2026 General Session