Utah Code
Utah Code § 58-13-3 (2026)
Qualified immunity -- Health professionals -- Charity care
✓ current as of May 2026
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The Legislature finds many residents of this state do not receive medical care and preventive health care because they lack health insurance or because of financial difficulties or cost.
The Legislature also finds that many physicians, charity health care facilities, and other health care professionals in this state would be willing to volunteer medical and allied services without compensation if they were not subject to the high exposure of liability connected with providing these services.
The Legislature therefore declares that its intention in enacting this section is to encourage the provision of uncompensated volunteer charity health care in exchange for a limitation on liability for the health care facilities and health care professionals who provide those volunteer services.
As used in this section:
"Continuing education requirement" means the requirement for hours of continuing education, established by the division, with which a health care professional must comply to renew the health care professional's license under the applicable chapter described in Subsection (2)(c).
"Health care facility" means any clinic or hospital, church, or organization whose primary purpose is to sponsor, promote, or organize uncompensated health care services for people unable to pay for health care services.
"Health care professional" means a person licensed under:
"Remuneration or compensation":
means direct or indirect receipt of any payment by a health care professional or health care facility on behalf of the patient, including payment or reimbursement under Medicare or Medicaid, or under the state program for the medically indigent on behalf of the patient; and
compensation, salary, or reimbursement to the health care professional from any source for the health care professional's services or time in volunteering to provide uncompensated health care; and
does not mean:
any grant or donation to the health care facility used to offset direct costs associated with providing the uncompensated health care such as:
medical supplies;
drugs; or
a charitable donation that is restricted for charitable services at the health care facility; or
incidental reimbursements to the volunteer such as:
food supplied to the volunteer;
clothing supplied to the volunteer to help identify the volunteer during the time of volunteer services;
mileage reimbursement to the volunteer; or
other similar support to the volunteer.
A health care professional who provides health care treatment at or on behalf of a health care facility is not liable in a medical malpractice action if:
the treatment was within the scope of the health care professional's license under this title;
neither the health care professional nor the health care facility received compensation or remuneration for the treatment;
the acts or omissions of the health care professional were not grossly negligent or willful and wanton; and
prior to rendering services:
the health care professional disclosed in writing to the patient, or if a minor, to the patient's parent or legal guardian, that the health care professional is providing the services without receiving remuneration or compensation; and
the patient consented in writing to waive any right to sue for professional negligence except for acts or omissions which are grossly negligent or are willful and wanton.
A health care facility which sponsors, promotes, or organizes the uncompensated care is not liable in a medical malpractice action for acts and omissions if:
the health care facility meets the requirements in Subsection (3)(b);
the acts and omissions of the health care facility were not grossly negligent or willful and wanton; and
the health care facility has posted, in a conspicuous place, a notice that in accordance with this section the health care facility is not liable for any civil damages for acts or omissions except for those acts or omissions that are grossly negligent or are willful and wanton.
A health care professional who provides health care treatment at a federally qualified health center, as defined in Subsection 1905(1)(2)(b) of the Social Security Act, or an Indian health clinic or Urban Indian Health Center, as defined in Title V of the Indian Health Care Improvement Act, is not liable in a medical malpractice action if:
the treatment was within the scope of the health care professional's license under this title;
the health care professional:
does not receive compensation or remuneration for treatment provided to any patient that the provider treats at the federally qualified health center, the Indian health clinic, or the Urban Indian Health Center; and
is not eligible to be included in coverage under the Federal Tort Claims Act for the treatment provided at the federally qualified health center, the Indian health clinic, or the Urban Indian Health Center;
the acts or omissions of the health care professional were not grossly negligent or willful and wanton; and
prior to rendering services:
the health care professional disclosed in writing to the patient, or if a minor, to the patient's parent or legal guardian, that the health care professional is providing the services without receiving remuneration or compensation; and
the patient consented in writing to waive any right to sue for professional negligence except for acts or omissions that are grossly negligent or are willful and wanton.
Immunity from liability under this section does not extend to the use of general anesthesia or care that requires an overnight stay in a general acute or specialty hospital licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
The provisions of Subsection (5) apply to treatment provided by a healthcare professional on or after May 13, 2014.
A health care professional:
may, in accordance with Subsection (8)(b), fulfill up to 15% of the health care professional's continuing education requirement with hours the health care professional spends providing health care treatment described in Subsection (3) or (5); and
subject to Subsection (8)(a), earns one hour of the health care professional's continuing education requirement for every four documented hours of volunteer health care treatment.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2010–2021 · leading case: Archuleta v. St. Mark's Hosp., 2009 UT 36 (Utah 2010).
Archuleta v. St. Mark's Hosp., 2009 UT 36 (Utah 2010). “For instance, section 58-13-3(3) grants, to both hospitals and physicians, immunity that is explicitly limited to "medical malpractice action[s].”
Blackburn v. USA (D. Utah 2021). “54 Utah Code Ann. § 58-13-3 (1)(b). 55 Id. § 58-13-3(3).”
— Utah Code § 58-13-3(2)(d)(i)(B) — 1 case
Blackburn v. USA (D. Utah 2021). “54 Utah Code Ann. § 58-13-3 (1)(b). 55 Id. § 58-13-3(3).”
— Utah Code § 58-13-3(2)(d)(ii)(B) — 1 case
Blackburn v. USA (D. Utah 2021). “54 Utah Code Ann. § 58-13-3 (1)(b). 55 Id. § 58-13-3(3).”
— Utah Code § 58-13-3(3) — 2 cases
Archuleta v. St. Mark's Hosp., 2009 UT 36 (Utah 2010). “For instance, section 58-13-3(3) grants, to both hospitals and physicians, immunity that is explicitly limited to "medical malpractice action[s].”
Blackburn v. USA (D. Utah 2021). “54 Utah Code Ann. § 58-13-3 (1)(b). 55 Id. § 58-13-3(3).”
— Utah Code § 58-13-3(d)(ii)(A) — 1 case
Blackburn v. USA (D. Utah 2021). “54 Utah Code Ann. § 58-13-3 (1)(b). 55 Id. § 58-13-3(3).”
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