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Effective 5/4/2022
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.
  • (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 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.

Enacted by Chapter 366, 2022 General Session