78B-3-452. Notice of medical candor process.

542 words·~2 min read·/ut/title-78b/chapter-3/78b-3-452·

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

Effective 5/4/2022

(1)If a health care provider wishes to engage an affected party in a medical candor process, the health care provider shall:

(a)provide a written notice described in Subsection

(2)to the affected party within 365 days after the day on which the health care provider knew of the adverse event involving a patient;

(b)provide a written notice, in a timely manner, to any other health care provider involved in the adverse event that invites the health care provider to participate in a medical candor process; and

(c)inform, in a timely manner, any health care provider described in Subsection (1)(b) of an affected party's decision of whether to participate in a medical candor process.

(2)A written notice under Subsection (1)(a) shall:

(a)include an explanation of:

(i)the patient's right to receive a copy of the patient's medical records related to the adverse event; and

(ii)the patient's right to authorize the release of the patient's medical records related to the adverse event to any third party;

(b)include a statement regarding the affected party's right to seek legal counsel at the affected party's expense and to have legal counsel present throughout a medical candor process;

(c)notify the affected party that there are time limitations for a malpractice action against a health care provider and that a medical candor process does not alter or extend the time limitations for a malpractice action against a health care provider;

(d)if the health care provider is a public employee or a governmental entity, notify the affected party that participation in a medical candor process does not alter or extend the deadline for filing the notice of claim required under Section 63G-7-401 ;

(e)notify the affected party that if the affected party chooses to participate in a medical candor process with a health care provider:

(i)any communication, material, or information created for or during the medical candor process, including a communication to participate in the medical candor process, is confidential, not discoverable, and inadmissible as evidence in a judicial, administrative, or arbitration proceeding arising out of the adverse event; and

(ii)a party to the medical candor process may not record any communication without the mutual consent of all parties to the medical candor process; and

(f)advise the affected party that the affected party, the health care provider, and any other person that participates in a medical candor process must agree, in writing, to the terms and conditions of the medical candor process in order to participate.

(3)If, after receiving a written notice, an affected party wishes to participate in a medical candor process, the affected party must agree, in writing, to the terms and conditions provided in the written notice described in Subsection

(2).

(4)If an affected party agrees to participate in a medical candor process, the affected party and the health care provider may include another person in the medical candor process if:

(a)the person receives written notice in accordance with this section; and

(b)the person agrees, in writing, to the terms and conditions provided in the written notice described in Subsection

(2).

Enacted by Chapter 366 , 2022 General Session