Section 452 – Notice of medical candor process.

• (1) If a health care provider wishes to engage an affected party in a medical candor process, the health care provider shall:
  • (a) provide a written notice described in Subsection (2) to the affected party within 365 days after the day on which the health care provider knew of the adverse event involving a patient;
  • (b) provide a written notice, in a timely manner, to any other health care provider involved in the adverse event that invites the health care provider to participate in a medical candor process; and
  • (c) inform, in a timely manner, any health care provider described in Subsection (1)(b) of an affected party’s decision of whether to participate in a medical candor process.

• (2) A written notice under Subsection (1)(a) shall:
  • (a) include an explanation of:
    • (i) the patient’s right to receive a copy of the patient’s medical records related to the adverse event; and
    • (ii) the patient’s right to authorize the release of the patient’s medical records related to the adverse event to any third party;
  • (b) include a statement regarding the affected party’s right to seek legal counsel at the affected party’s expense and to have legal counsel present throughout a medical candor process;
  • (c) notify the affected party that there are time limitations for a malpractice action against a health care provider and that a medical candor process does not alter or extend the time limitations for a malpractice action against a health care provider;
  • (d) if the health care provider is a public employee or a governmental entity, notify the affected party that participation in a medical candor process does not alter or extend the deadline for filing the notice of claim required under Section 63G-7-401;
  • (e) notify the affected party that if the affected party chooses to participate in a medical candor process with a health care provider:
    • (i) any communication, material, or information created for or during the medical candor process, including a communication to participate in the medical candor process, is confidential, not discoverable, and inadmissible as evidence in a judicial, administrative, or arbitration proceeding arising out of the adverse event; and
    • (ii) a party to the medical candor process may not record any communication without the mutual consent of all parties to the medical candor process; and
  • (f) advise the affected party that the affected party, the health care provider, and any other person that participates in a medical candor process must agree, in writing, to the terms and conditions of the medical candor process in order to participate.

• (3) If, after receiving a written notice, an affected party wishes to participate in a medical candor process, the affected party must agree, in writing, to the terms and conditions provided in the written notice described in Subsection (2).

• (4) If an affected party agrees to participate in a medical candor process, the affected party and the health care provider may include another person in the medical candor process if:
  • (a) the person receives written notice in accordance with this section; and
  • (b) the person agrees, in writing, to the terms and conditions provided in the written notice described in Subsection (2).

Enacted by Chapter 366, 2022 General Session