Utah Code 78B-3-454. Confidentiality and effect of medical candor process — Recording of medical candor process — Exception for deidentified information or data
Current as of: 2023 | Check for updates
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78B-3-454. Confidentiality and effect of medical candor process — Recording of medical candor process — Exception for deidentified information or data.
(1) | Except as provided in Subsections (2), (3), and (4), all communications, materials, and information in any form specifically created for or during a medical candor process, including the findings or conclusions of the investigation and any offer of compensation, are confidential and privileged in any administrative, judicial, or arbitration proceeding. |
(a) | a patient; and |
(b) | any representative of a patient. See Utah Code 78B-3-450 |
(2) | Any communication, material, or information in any form that is made or provided in the ordinary course of business, including a medical record or a business record, that is otherwise discoverable or admissible and is not specifically created for or during a medical candor process is not privileged by the use or disclosure of the communication, material, or information during a medical candor process. |
(4) |
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(5) | A communication or offer of compensation made in preparation for or during a medical candor process does not constitute an admission of liability. |
(6) | Nothing in this part alters or limits the confidential, privileged, or protected nature of communications, information, memoranda, work product, documents, and other materials under other provisions of law. |
(7) |
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(8) |
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(9) |
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Amended by Chapter 139, 2023 General Session