2006 Utah Code - 58-13-3 — Qualified immunity -- Health professionals -- Charity care.

     58-13-3.   Qualified immunity -- Health professionals -- Charity care.
     (1) (a) (i) The Legislature finds many residents of this state do not receive medical care and preventive health care because they lack health insurance or because of financial difficulties or cost.
     (ii) The Legislature also finds that many physicians, charity health care facilities, and other health care professionals in this state would be willing to volunteer medical and allied services without compensation if they were not subject to the high exposure of liability connected with providing these services.
     (b) The Legislature therefore declares that its intention in enacting this section is to encourage the provision of uncompensated volunteer charity health care in exchange for a limitation on liability for the health care facilities and health care professionals who provide those volunteer services.
     (2) As used in this section:
     (a) "Health care facility" means any clinic or hospital, church, or organization whose primary purpose is to sponsor, promote, or organize uncompensated health care services for people unable to pay for health care services.
     (b) "Health care professional" means individuals licensed under Title 58, Occupations and Professions, as physicians and surgeons, osteopaths, physician assistants, podiatrists, optometrists, chiropractors, dentists, dental hygienists, registered nurses, certified nurse midwives, other nurses licensed under Section 58-31b-301, and licensed Direct-entry midwives.
     (c) "Remuneration or compensation":
     (i) (A) means direct or indirect receipt of any payment by the physician and surgeon, health care facility, other health care professional, or organization, on behalf of the patient, including payment or reimbursement under medicare or medicaid, or under the state program for the medically indigent on behalf of the patient; and
     (B) compensation, salary, or reimbursement to the health care professional from any source for the health care professional's services or time in volunteering to provide uncompensated health care; and
     (ii) does not mean any grant or donation to the health care facility used to offset direct costs associated with providing the uncompensated health care such as medical supplies or drugs.
     (3) A health care professional who provides health care treatment at or on behalf of a health care facility is not liable in a medical malpractice action if:
     (a) the treatment was within the scope of the health care professional's license under this title;
     (b) neither the health care professional nor the health care facility received compensation or remuneration for the treatment;
     (c) the acts or omissions of the health care professional were not grossly negligent or willful and wanton; and
     (d) prior to rendering services, the health care professional disclosed in writing to the patient, or if a minor, to the patient's parent or legal guardian, that the health care professional is providing the services without receiving remuneration or compensation and that in exchange for receiving uncompensated health care, the patient consents to waive any right to sue for professional negligence except for acts or omissions which are grossly negligent or are willful and wanton.
     (4) A health care facility which sponsors, promotes, or organizes the uncompensated care

is not liable in a medical malpractice action for acts and omissions if:
     (a) the health care facility meets the requirements in Subsection (3)(b);
     (b) the acts and omissions of the health care facility were not grossly negligent or willful and wanton; and
     (c) the health care facility has posted, in a conspicuous place, a notice that in accordance with this section the health care facility is not liable for any civil damages for acts or omissions except for those acts or omissions that are grossly negligent or are willful and wanton.
     (5) Immunity from liability under this section does not extend to the use of general anesthesia or care that requires an overnight stay in a general acute or specialty hospital licensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

Amended by Chapter 239, 2006 General Session