78B-3-427.  Transgender procedures upon a minor — Right of action — Informed consent requirements — Statute of limitations.

(1)  As used in this section:

Terms Used In Utah Code 78B-3-427

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Utah Code 78B-3-403
  • Health care provider: includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403
  • Malpractice action against a health care provider: means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider. See Utah Code 78B-3-403
  • Minor: means any person under 18 years old. See Utah Code 78B-3-1001
  • Patient: means a person who is under the care of a health care provider, under a contract, express or implied. See Utah Code 78B-3-403
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Writing: includes :Utah Code 68-3-12.5
(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).

(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.

(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

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