75A-9-123. Prohibited conduct -- Damages.

422 words·~2 min read·/ut/title-75a/chapter-9/75a-9-123

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

Effective 1/1/2026

(1)A person may not:

(a)intentionally falsify, in whole or in part, an advance health care directive;

(b)for the purpose of frustrating the intent of the individual who created an advance health care directive or with knowledge that doing so is likely to frustrate the intent:

(i)intentionally conceal, deface, obliterate, or delete the directive or a revocation of the directive without consent of the individual who created or revoked the directive; or

(ii)intentionally withhold knowledge of the existence or revocation of the directive from a responsible health care professional or health care institution providing health care to the individual who created or revoked the directive;

(c)coerce or fraudulently induce an individual to create, revoke, or refrain from creating or revoking an advance health care directive or a part of a directive; or

(d)require or prohibit the creation or revocation of an advance health care directive as a condition for providing health care.

(2)An individual who is the subject of conduct prohibited under Subsection (1), or the individual's estate, has a cause of action against a person that violates Subsection

(1)for statutory damages of $25,000 or actual damages resulting from the violation, whichever is greater.

(3)Subject to Subsection (4), an individual who makes a health care instruction, or the individual's estate, has a cause of action against a health care professional or health care institution that intentionally violates Section 75A-9-120 for statutory damages of $50,000 or actual damages resulting from the violation, whichever is greater.

(4)A health care professional who is an emergency medical services provider is not liable under Subsection

(3)for a violation of Subsection 75A-9-120(5) if:

(a)the violation occurs in the course of providing care to an individual experiencing a health condition for which the emergency medical services provider reasonably believes the care was appropriate to avoid imminent loss of life or serious harm to the individual;

(b)the failure to comply is consistent with accepted standards of the profession of the emergency medical services provider; and

(c)the provision of care does not begin in a health care institution in which the individual resides or was receiving care.

(5)In an action under this section, a prevailing plaintiff may recover reasonable attorney fees, court costs, and other reasonable litigation expenses.

(6)A cause of action or remedy under this section is in addition to any cause of action or remedy under other law.

Enacted by Chapter 439 , 2025 General Session