2006 Utah Code - 78-14-5.5 — Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

     78-14-5.5.   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.

Amended by Chapter 46, 2006 General Session