The information on this page was last updated by Horty, Springer & Mattern on January 12, 2021.
§58-13-5 Information relating to adequacy and quality of medical care — Immunity from liability.
(1) As used in this section, “health care provider” has the same meaning as defined in Section 78B-3-403*.
(2) (a) The division [of occupational and professional licensing], and the boards within the division that act regarding the health care providers defined in this section, shall adopt rules to establish procedures to obtain information concerning the quality and adequacy of health care rendered to patients by those health care providers.
(b) It is the duty of an individual licensed under Title 58, Occupations and Professions, as a health care provider to furnish information known to him with respect to health care rendered to patients by any health care provider licensed under Title 58, Occupations and Professions, as the division or a board may request during the course of the performance of its duties.
(3) A health care facility as defined in Section 26-21-2** which employs, grants privileges to, or otherwise permits a licensed health care provider to engage in licensed practice within the health care facility, and any professional society of licensed health care providers, shall report any of the following events in writing to the division within sixty days after the event occurs regarding the licensed health care provider:
(a) terminating employment of an employee for cause related to the employee’s practice as a licensed health care provider;
(b) terminating or restricting privileges for cause to engage in any act or practice related to practice as a licensed health care provider;
(c) terminating, suspending, or restricting membership or privileges associated with membership in a professional association for acts of unprofessional, unlawful, incompetent, or negligent conduct related to practice as a licensed health care provider;
(d) subjecting a licensed health care provider to disciplinary action for a period of more than 30 days;
(e) a finding that a licensed health care provider has violated professional standards or ethics;
(f) a finding of incompetence in practice as a licensed health care provider;
(g) a finding of acts of moral turpitude by a licensed health care provider; or
(h) a finding that a licensed health care provider is engaged in abuse of alcohol or drugs.
(4) This section does not prohibit any action by a health care facility, or professional society comprised primarily of licensed health care providers to suspend, restrict, or revoke the employment, privileges, or membership of a health care provider.
(5) The data and information obtained in accordance with this section is classified as a “protected” record under Title 63, Chapter 2, Government Records Access and Management Act.
(6) (a) Any person or organization furnishing information in accordance with this section in response to the request of the division or a board, or voluntarily, is immune from liability with respect to information provided in good faith and without malice, which good faith and lack of malice is presumed to exist absent clear and convincing evidence to the contrary.
(b) The members of the board are immune from liability for any decisions made or actions taken in response to information acquired by the board if those decisions or actions are made in good faith and without malice, which good faith and lack of malice is presumed to exist absent clear and convincing evidence to the contrary.
(7) An individual who is a member of a hospital administration, board, committee, department, medical staff, or professional organization of health care providers, and any hospital, other health care entity, or professional organization conducting or sponsoring the review, is immune from liability arising from participation in a review of a health care provider’s professional ethics, medical competence, moral turpitude, or substance abuse.
(8) This section does not exempt a person licensed under Title 58, Occupations and Professions, from complying with any reporting requirements established under state or federal law.
§58-60-112 [Mental Health Professional Practice Act] Reporting of unprofessional or unlawful conduct –Immunity from liability.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-60-102*** by a person licensed under this chapter or an individual not licensed under this chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary action by a licensed health care facility, professional practice group, or professional society, or that results in a significant adverse impact upon the public health, safety, or welfare, the following shall report the conduct in writing to the division within ten days after learning of the disciplinary action or the conduct unless the individual or person knows it has been reported:
(a) a licensed health care facility or organization in which an individual licensed under this chapter engages in practice;
(b) an individual licensed under this chapter; and
(c) a professional society or organization whose membership is individuals licensed under this chapter and which has the authority to discipline or expel a member for acts of unprofessional or unlawful conduct.
(2) Any individual reporting acts of unprofessional or unlawful conduct by an individual licensed under this chapter is immune from liability arising out of the disclosure to the extent the individual furnishes the information in good faith and without malice.
*§78B-3-403. Definitions ( Formerly § 78-14-3)
As used in this part:
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(12) “Health care provider” includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed Direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment.
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As used in this chapter:
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(13)(a) “Health care facility” means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule.
(b) “Health care facility” does not include the offices of private physicians or dentists, whether for individual or group practice, except that it does include an abortion clinic.
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(9) “Unlawful conduct” is as defined in Sections 58-1-501**** and 58-60-109.
(10) “Unprofessional conduct” is as defined in Sections 58-1-501**** and 58-60-110, and may be further defined by division rule.
§ 58-1-501. Unlawful and unprofessional conduct