78B-3-450. Definitions.

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

Effective 5/3/2023

As used in this part:

(1)"Adverse event" means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease.

(2)"Affected party" means:

(a)a patient; and

(b)any representative of a patient.

(3)"Communication" means any written or oral communication created for or during a medical candor process.

(4)"Governmental entity" means the same as that term is defined in Section 63G-7-102 .

(5)"Health care" means the same as that term is defined in Section 78B-3-403 .

(6)"Health care provider" means the same as that term is defined in Section 78B-3-403 .

(7)"Malpractice action against a health care provider" means the same as that term is defined in Section 78B-3-403 .

(8)"Medical candor process" means the process described in Section 78B-3-451 .

(9)"Patient" means the same as that term is defined in Section 78B-3-403 .

(10)"Public employee" means the same as the term "employee" as defined in Section 63G-7-102 .

(a)Except as provided in Subsection (11)(c) , "representative" means the same as that term is defined in Section 78B-3-403 .

(b)"Representative" includes:

(i)a parent of a child regardless of whether the parent is the custodial or noncustodial parent;

(ii)a legal guardian of a child;

(iii)a person designated to make decisions on behalf of a patient under a power of attorney, an advanced health care directive, or a similar legal document;

(iv)a default surrogate as defined in Section 75-2a-108 ; and

(v)if the patient is deceased, the personal representative of the patient's estate or the patient's heirs as defined in Sections 75-1-201 and 78B-3-105 .

(c)"Representative" does not include a parent of a child if the parent's parental rights have been terminated by a court.

(12)"State" means the same as that term is defined in Section 63G-7-102 .

Amended by Chapter 139 , 2023 General Session