78B-3-450.  Definitions.
     As used in this part:

(1)  “Adverse event” means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease.

Terms Used In Utah Code 78B-3-450

  • Communication: means any written or oral communication created for or during a medical candor process. See Utah Code 78B-3-450
  • 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
  • Medical candor process: means the process described in Section 78B-3-451. See Utah Code 78B-3-450
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Representative: means the spouse, parent, guardian, trustee, attorney-in-fact, person designated to make decisions on behalf of a patient under a medical power of attorney, or other legal agent of the patient. See Utah Code 78B-3-403
(2)  “Affected party” means:

(a)  a patient; and

(b)  any representative of a patient.

(3)  “Communication” means any written or oral communication created for or during a medical candor process.

(4)  “Governmental entity” means the same as that term is defined in Section 63G-7-102.

(5)  “Health care” means the same as that term is defined in Section 78B-3-403.

(6)  “Health care provider” means the same as that term is defined in Section 78B-3-403.

(7)  “Malpractice action against a health care provider” means the same as that term is defined in Section 78B-3-403.

(8)  “Medical candor process” means the process described in Section 78B-3-451.

(9)  “Patient” means the same as that term is defined in Section 78B-3-403.

(10)  “Public employee” means the same as the term “employee” as defined in Section 63G-7-102.

(11) 

(a)  Except as provided in Subsection (11)(c), “representative” means the same as that term is defined in Section 78B-3-403.

(b)  “Representative” includes:

(i)  a parent of a child regardless of whether the parent is the custodial or noncustodial parent;

(ii)  a legal guardian of a child;

(iii)  a person designated to make decisions on behalf of a patient under a power of attorney, an advanced health care directive, or a similar legal document;

(iv)  a default surrogate as defined in Section 75-2a-108; and

(v)  if the patient is deceased, the personal representative of the patient’s estate or the patient’s heirs as defined in Sections 75-1-201 and 78B-3-105.

(c)  “Representative” does not include a parent of a child if the parent’s parental rights have been terminated by a court.

(12)  “State” means the same as that term is defined in Section 63G-7-102.

Amended by Chapter 139, 2023 General Session

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