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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78B-3-407. Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.
(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:
(a)the health care is recommended by the health care provider;
(b)the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and
(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:
(a)create a new cause of action;
(b)expand an existing cause of action;
(c)impose a new duty on a health care provider; or
(d)expand an existing duty of a health care provider.
Renumbered and Amended by Chapter 3 , 2008 General Session