As used in this article 58, unless the context
otherwise requires:
(1)Covered entity means any general hospital, hospital unit as defined in
section 25-3-101, community clinic as defined in section 25-3-101, freestanding
emergency department as defined in section 25-1.5-114, maternity hospital, or
rehabilitation hospital. Covered entity does not include a health-care professional
or a hospital, community clinic, or other facility owned or operated by the state.
(2)(a) Denial of care means any refusal by a covered entity to provide a
health-care service, or to provide a referral for a health-care service, for
nonmedical reasons.
(b)Denial of care includes the following practices, whether based on
formal or informal policies or practices, that are not based on generally accepte
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As used in this article 58, unless the context
otherwise requires:
(1) Covered entity means any general hospital, hospital unit as defined in
section 25-3-101, community clinic as defined in section 25-3-101, freestanding
emergency department as defined in section 25-1.5-114, maternity hospital, or
rehabilitation hospital. Covered entity does not include a health-care professional
or a hospital, community clinic, or other facility owned or operated by the state.
(2) (a) Denial of care means any refusal by a covered entity to provide a
health-care service, or to provide a referral for a health-care service, for
nonmedical reasons.
(b) Denial of care includes the following practices, whether based on
formal or informal policies or practices, that are not based on generally accepted
standards of care:
(I) Selective refusal to provide a health-care service to some, but not all,
patients based on a characteristic described in section 24-34-601 (2)(a), objections
to a health-care service, or for other nonmedical reasons; and
(II) A significant restriction on the availability of health-care services.
(3) Department means the department of public health and environment.
(4) End-of-life health-care services means any medical, surgical,
preventive, counseling, or referral services provided to an individual who is near the
end of life or who has a terminal illness. End-of-life health-care services includes
any services provided pursuant to article 48 of this title 25, palliative care, services
identified in advance directives, withdrawal of nutrition services, and hospice care.
(5) Health-care professional means a person who is licensed, certified,
registered, or otherwise authorized or permitted by law to administer health care or
dispense medication in the ordinary course of business or practice of a profession.
(6) Health-care service means the provision of treatment, care, advice or
guidance, or services or supplies, including:
(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or
palliative care;
(b) Counseling, assessment, procedures, or other services; or
(c) Selling, dispensing, or administering a prescription or nonprescription
drug, a device, or equipment.
(7) LGBTQ health-care services means any medical, surgical, preventive,
counseling, or referral services that are specifically targeted to or that
disproportionately affect LGBTQ individuals, including gender-affirming care, HIV-related care, and family-building services.
(8) Nonmedical reasons means nonclinical criteria, rules, or policies,
whether written or unwritten, that restrict health-care professionals at a covered
entity from providing types of care that a health-care professional is authorized
under law to provide and that the covered entity is licensed to provide.
(9) Reproductive health-care services means any medical, surgical,
preventive, counseling, or referral services relating to the human reproductive
system, including services relating to contraception, sterilization, pregnancy, and
the termination of a pregnancy.
(10) Service availability form means the form created by the department
pursuant to section 25-58-104 and completed by covered entities.