Go to Previous Versions
of
this Section
2023 Utah Code
Title 78B - Judicial Code
Chapter 3 - Actions and Venue
Part 4 - Utah Health Care Malpractice Act
Section 427 - Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations.
Universal Citation:
UT Code § 78B-3-427 (2023)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 1/28/2023
78B-3-427. Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations.
Revisor instructions Chapter 2, 2023 General Session
Enacted by Chapter 2, 2023 General Session
78B-3-427. Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations.
- (1) As used in this section:
- (a) "Hormonal transgender treatment" means the same as that term is defined in Section 58-1-603.
- (b) "Minor" means the same as that term is defined in Section 58-1-603.
- (2)
- (a) Notwithstanding any other provision of law, a malpractice action against a health care provider may be brought against a health care provider for damages arising from:
- (i) providing a hormonal transgender treatment to a minor without complying with the requirements described in Section 58-1-603;
- (ii) negligence in providing a hormonal transgender treatment to a minor; or
- (iii) providing a treatment or procedure described in Subsection (2)(b)(ii) to a minor without the minor's consent including if the minor disaffirms consent under Subsection (3).
- (a) Notwithstanding any other provision of law, a malpractice action against a health care provider may be brought against a health care provider for damages arising from:
- (3)
- (a) Notwithstanding any other provision of law, an individual who gave informed consent as a minor or for whom consent was given under Section 78B-3-406, may disaffirm the consent if:
- (i) the treatment at issue began after January 28, 2023;
- (ii) the consent was provided for any of the following:
- (A) a hormonal transgender treatment;
- (B) a primary sex characteristic surgical procedure as defined in Section 58-67-102; or
- (C) a secondary sex characteristic surgical procedure as defined in Section 58-67-102;
- (iii) under the totality of the circumstances, a health care provider would have reason to believe that the minor, or a similarly situated minor, could later regret having given consent;
- (iv) the individual suffered a permanent physical injury; and
- (v) the consent is disaffirmed in writing before the individual reaches the age of 25 years old.
- (b) A disaffirmation of consent under this Subsection (3) relates back to the day the original consent was given.
- (a) Notwithstanding any other provision of law, an individual who gave informed consent as a minor or for whom consent was given under Section 78B-3-406, may disaffirm the consent if:
- (4) Notwithstanding any other provision of law, a malpractice action against a health care provider described in Subsection (2)(a) may be brought before the patient is 25 years old if the treatment at issue in the malpractice action began, occurred, or continued on or after January 28, 2023.
- (5) Sections 78B-3-404 and 78B-3-406 do not apply to an action described in this section.
Revisor instructions Chapter 2, 2023 General Session
Enacted by Chapter 2, 2023 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
