Utah Code 76-7-328. Hearing to determine necessity of physician’s conduct
Current as of: 2023 | Check for updates
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| (1) | A physician accused of an offense under Section 76-7-326 may seek a hearing before the Physicians Licensing Board created in Section 58-67-201, or the Osteopathic Physician and Surgeon’s Licensing Board created in Section 58-68-201 on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself. |
| (a) | a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act; |
| (b) | an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or |
| (c) | a physician employed by the federal government who has qualifications similar to an individual described in Subsection (12)(a) or (b). See Utah Code 76-7-301 |
| (2) | The findings on that issue are admissible on that issue at the trial of the physician. Upon a motion from the physician, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place. |
Enacted by Chapter 272, 2004 General Session