§ 75A-9-123 — Prohibited conduct -- Damages.

(1) A person may not:
(1)(a) intentionally falsify, in whole or in part, an advance health care directive;
(1)(b) for the purpose of frustrating the intent of the individual who created an advance health care directive or with knowledge that doing so is likely to frustrate the intent:
(1)(b)(i) intentionally conceal, deface, obliterate, or delete the directive or a revocation of the directive without consent of the individual who created or revoked the directive; or
(1)(b)(ii) intentionally withhold knowledge of the existence or revocation of the directive from a responsible health care professional or health care institution providing health care to the individual who created or revoked the directive;
(1)(c) coerce or fraudulently induce an individual to create, revoke, or refrain from creating or revoking an advance health care directive or a part of a directive; or
(1)(d) require or prohibit the creation or revocation of an advance health care directive as a condition for providing health care.
(2) An individual who is the subject of conduct prohibited under Subsection (1), or the individual's estate, has a cause of action against a person that violates Subsection (1) for statutory damages of $25,000 or actual damages resulting from the violation, whichever is greater.
(3) Subject to Subsection (4), an individual who makes a health care instruction, or the individual's estate, has a cause of action against a health care professional or health care institution that intentionally violates Section 75A-9-120 for statutory damages of $50,000 or actual damages resulting from the violation, whichever is greater.
(4) A health care professional who is an emergency medical services provider is not liable under Subsection (3) for a violation of Subsection 75A-9-120(5) if:
(4)(a) the violation occurs in the course of providing care to an individual experiencing a health condition for which the emergency medical services provider reasonably believes the care was appropriate to avoid imminent loss of life or serious harm to the individual;
(4)(b) the failure to comply is consistent with accepted standards of the profession of the emergency medical services provider; and
(4)(c) the provision of care does not begin in a health care institution in which the individual resides or was receiving care.
(5) In an action under this section, a prevailing plaintiff may recover reasonable attorney fees, court costs, and other reasonable litigation expenses.
(6) A cause of action or remedy under this section is in addition to any cause of action or remedy under other law.

Legislative History

Enacted by Chapter 439, 2025 General Session