26B-8-232.  Injury reporting requirements by health care provider — Contents of report — Penalties.

(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 26B-8-232

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
(a)  “Health care provider” means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injury, and includes hospitals, clinics, podiatrists, dentists and dental hygienists, nurses, nurse practitioners, physicians and physicians’ assistants, osteopathic physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics, and emergency medical technicians.

(b)  “Injury” does not include any psychological or physical condition brought about solely through the voluntary administration of prescribed controlled substances.

(c)  “Law enforcement agency” means the municipal or county law enforcement agency:

(i)  having jurisdiction over the location where the injury occurred; or

(ii)  if the reporting health care provider is unable to identify or contact the law enforcement agency with jurisdiction over the injury, “law enforcement agency” means the agency nearest to the location of the reporting health care provider.

(d)  “Report to a law enforcement agency” means to report, by telephone or other spoken communication, the facts known regarding an injury subject to reporting under Section 26-23a-2 to the dispatch desk or other staff person designated by the law enforcement agency to receive reports from the public.

(2) 

(a)  Any health care provider who treats or cares for any person who suffers from any wound or other injury inflicted by the person’s own act or by the act of another by means of a knife, gun, pistol, explosive, infernal device, or deadly weapon, or by violation of any criminal statute of this state, shall immediately report to a law enforcement agency the facts regarding the injury.

(b)  The report shall state the name and address of the injured person, if known, the person’s whereabouts, the character and extent of the person’s injuries, and the name, address, and telephone number of the person making the report.

(3)  A health care provider may not be discharged, suspended, disciplined, or harassed for making a report pursuant to this section.

(4)  A person may not incur any civil or criminal liability as a result of making any report required by this section.

(5)  A health care provider who has personal knowledge that the report of a wound or injury has been made in compliance with this section is under no further obligation to make a report regarding that wound or injury under this section.

(6)  Any health care provider who intentionally or knowingly violates any provision of this section is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 306, 2023 General Session

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