§ 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:

(2)(a) a patient; and
(2)(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 care 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) (11)(a) Except as provided in Subsection (11)(c), "representative" means the same as that term is defined in Section 78B-3-403.
(11)(b) "Representative" includes:
(11)(b)(i) a parent of a child regardless of whether the parent is the custodial or noncustodial parent;
(11)(b)(ii) a legal guardian of a child;
(11)(b)(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;
(11)(b)(iv) a default surrogate as defined in Section 75-2a-108; and
(11)(b)(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.
(11)(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.

Legislative History

Amended by Chapter 139, 2023 General Session