78B-3-407 - Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child. - Utah Statutes

78B-3-407. Limitation on actions against health care providers when parent orguardian refuses to consent to health care of child.
(1) A malpractice action against a health care provider may not be brought on the basisof the consequences resulting from the refusal of a child's parent or guardian to consent to thechild's health care, if:
(a) the health care is recommended by the health care provider;
(b) the parent or guardian is provided with sufficient information to make an informeddecision regarding the recommendation of the health care provider; and
(c) the consent of the parent or guardian is required by law before the health care may beadministered.
(2) The sole purpose of this section is to prohibit a malpractice action against a healthcare provider under the circumstances set forth by this section. This section may not beconstrued to:
(a) create a new cause of action;
(b) expand an existing cause of action;
(c) impose a new duty on a health care provider; or
(d) expand an existing duty of a health care provider.

Renumbered and Amended by Chapter 3, 2008 General Session