Utah Code
Utah Code § 78B-3-403 (2026)
Definitions
✓ current as of May 2026
Find cases:
SyfertCases citing this section
UT-LEGle.utah.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
As used in this part:
"Audiologist" means a person licensed to practice audiology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
"Certified social worker" means a person licensed to practice as a certified social worker under Section 58-60-205.
"Chiropractic physician" means a person licensed to practice chiropractic under Title 58, Chapter 73, Chiropractic Physician Practice Act.
"Clinical social worker" means a person licensed to practice as a clinical social worker under Section 58-60-205.
"Commissioner" means the commissioner of insurance as provided in Section 31A-2-102.
"Dental hygienist" means a person licensed to engage in the practice of dental hygiene as defined in Section 58-69-102.
"Dental care provider" means any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders dental care or professional services as a dentist, dental hygienist, or other person rendering similar care and services relating to or arising out of the practice of dentistry or the practice of dental hygiene, and the officers, employees, or agents of any of the above acting in the course and scope of their employment.
"Dentist" means a person licensed to engage in the practice of dentistry as defined in Section 58-69-102.
"Division" means the Division of Professional Licensing created in Section 58-1-103.
"Future damages" includes a judgment creditor's damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering.
"Health care" means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement.
"Health care" does not include an act that, based on the totality of the circumstances, is sexual in nature regardless of whether:
the act was committed under the auspice of providing professional diagnosis, counseling, or treatment; or
at the time the act occurred, the victim believed the act was for medically or professionally appropriate diagnosis, counseling, or treatment.
"Health care facility" means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, health care facilities owned or operated by health maintenance organizations, and end stage renal disease facilities.
"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.
"Hospital" means a public or private institution licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
"Licensed athletic trainer" means a person licensed under Title 58, Chapter 40a, Athletic Trainer Licensing Act.
"Licensed direct-entry midwife" means a person licensed under the Direct-entry Midwife Act to engage in the practice of direct-entry midwifery as defined in Section 58-77-102.
"Licensed practical nurse" means a person licensed to practice as a licensed practical nurse as provided in Section 58-31b-301.
"Malpractice action against a health care provider" means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider.
"Marriage and family therapist" means a person licensed to practice as a marriage therapist or family therapist under Sections 58-60-305 and 58-60-405.
"Naturopathic physician" means a person licensed to engage in the practice of naturopathic medicine as defined in Section 58-71-102.
"Nurse-midwife" means a person licensed to engage in practice as a nurse midwife under Section 58-44a-301.
"Optometrist" means a person licensed to practice optometry under Title 58, Chapter 16a, Utah Optometry Practice Act.
"Osteopathic physician" means a person licensed to practice osteopathy under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
"Patient" means a person who is under the care of a health care provider, under a contract, express or implied.
"Periodic payments" means the payment of money or delivery of other property to a judgment creditor at intervals ordered by the court.
"Pharmacist" means a person licensed to practice pharmacy as provided in Section 58-17b-301.
"Physical therapist" means a person licensed to practice physical therapy under Title 58, Chapter 24b, Physical Therapy Practice Act.
"Physical therapist assistant" means a person licensed to practice physical therapy, within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical Therapy Practice Act.
"Physician" means a person licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act.
"Physician assistant" means a person licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
"Podiatric physician" means a person licensed to practice podiatry under Title 58, Chapter 5a, Podiatric Physician Licensing Act.
"Practitioner of obstetrics" means a person licensed to practice as a physician in this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
"Psychologist" means a person licensed under Title 58, Chapter 61, Psychologist Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102.
"Registered nurse" means a person licensed to practice professional nursing as provided in Section 58-31b-301.
"Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes relationships that are created as a result of adoption.
"Representative" means the spouse, parent, guardian, trustee, attorney-in-fact, person designated to make decisions on behalf of a patient under a medical power of attorney, or other legal agent of the patient.
"Social service worker" means a person licensed to practice as a social service worker under Section 58-60-205.
"Speech-language pathologist" means a person licensed to practice speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
"Tort" means any legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another.
"Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result.
Notes of Decisions
Cited in 11
cases (7 in the last 5 years), 2013–2024 · leading case: Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021).
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-403. And, again, “health care provider” also includes employees or agents of listed and “other” health care providers who are acting in the scope of employment, and the Act does not expressly require those employees or agents to have specific licenses.”
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). ““Health care,” as statutorily defined, includes “act[s] or treatment performed or furnished .”
Shah v. Intermountain Healthcare, Inc., 2013 UT App 261 (Utah Ct. App. 2013). “See Utah Code Ann. § 78B-3-403(17) (" 'Malpractice action against a health care provider means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out…”
Waddoups v. Noorda, 2013 UT 64 (Utah 2013). “(5) No liability may arise against any person or organization as a result of: (a) providing information or material authorized in this section; (b) releasing or publishing findings and conclusions of groups referred to in this section to advance health research and health…”
Shell v. Intermountain Health Servs., 2022 UT App 70 (Utah Ct. App. 2022). “Utah Code Ann. § 78B-3-403(10). “Breaking that down, ‘health care’ is: an ‘act or treatment’ that was or should have been ‘performed or furnished’: (1) ‘for, to, or on behalf of a patient’; (2) ‘during the patient’s medical care, treatment, or confinement’; and (3) by a ‘health…”
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “§ 78B-3-403(10).4 __________________________________________________________ procedural occurrence is .”
Kirk v. Anderson, 2021 UT 41 (Utah 2021). “, UTAH CODE § 78B-3-403(12) (providing a list of ―health care providers‖ who may be subject to medical malpractice liability arising from a special relationship).”
Smith v. United States, 2015 UT 68 (Utah 2015). “Damages are based upon fault, are generally limited only by the findings of the jury, and are payable in death cases to the heirs or personal representatives without regard to dependency.”
Harrell v. South Jordan Care Grp. (D. Utah 2020). “, contract, tort, breach of warranty, wrongful death, or otherwise—are all state common law claims, and entirely unrelated to federal housing regulations which assisted living facilities and retirement communities must comply in addition to other housing components.”
Cancellieri v. Greater Park City Co. (D. Utah 2023). “Cancellieri’s negligent towing claim because that claim is subject to the prelitigation requirements imposed by the Utah Health Care Malpractice Act for any “malpractice action against a health care provider,” Utah Code § 78B-3-403(18), which Plaintiff undisputedly did not…”
Teufel v. Marshall (D. Utah 2024). “§ 78B-3-403(11), (13) (the Utah Malpractice Act) (ECF 42 at 2, 4).”
— Utah Code § 78B-3-403(10) — 3 cases
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-403. And, again, “health care provider” also includes employees or agents of listed and “other” health care providers who are acting in the scope of employment, and the Act does not expressly require those employees or agents to have specific licenses.”
Shell v. Intermountain Health Servs., 2022 UT App 70 (Utah Ct. App. 2022). “Utah Code Ann. § 78B-3-403(10). “Breaking that down, ‘health care’ is: an ‘act or treatment’ that was or should have been ‘performed or furnished’: (1) ‘for, to, or on behalf of a patient’; (2) ‘during the patient’s medical care, treatment, or confinement’; and (3) by a ‘health…”
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “§ 78B-3-403(10).4 __________________________________________________________ procedural occurrence is .”
— Utah Code § 78B-3-403(11) — 4 cases
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). ““Health care,” as statutorily defined, includes “act[s] or treatment performed or furnished .”
Shell v. Intermountain Health Servs., 2022 UT App 70 (Utah Ct. App. 2022). “Utah Code Ann. § 78B-3-403(10). “Breaking that down, ‘health care’ is: an ‘act or treatment’ that was or should have been ‘performed or furnished’: (1) ‘for, to, or on behalf of a patient’; (2) ‘during the patient’s medical care, treatment, or confinement’; and (3) by a ‘health…”
Harrell v. South Jordan Care Grp. (D. Utah 2020). “, contract, tort, breach of warranty, wrongful death, or otherwise—are all state common law claims, and entirely unrelated to federal housing regulations which assisted living facilities and retirement communities must comply in addition to other housing components.”
Teufel v. Marshall (D. Utah 2024). “§ 78B-3-403(11), (13) (the Utah Malpractice Act) (ECF 42 at 2, 4).”
— Utah Code § 78B-3-403(11)(b) — 1 case
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “§ 78B-3-403(10).4 __________________________________________________________ procedural occurrence is .”
— Utah Code § 78B-3-403(12) — 2 cases
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-403. And, again, “health care provider” also includes employees or agents of listed and “other” health care providers who are acting in the scope of employment, and the Act does not expressly require those employees or agents to have specific licenses.”
Kirk v. Anderson, 2021 UT 41 (Utah 2021). “, UTAH CODE § 78B-3-403(12) (providing a list of ―health care providers‖ who may be subject to medical malpractice liability arising from a special relationship).”
— Utah Code § 78B-3-403(13) — 1 case
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). ““Health care,” as statutorily defined, includes “act[s] or treatment performed or furnished .”
— Utah Code § 78B-3-403(17) — 6 cases
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-403. And, again, “health care provider” also includes employees or agents of listed and “other” health care providers who are acting in the scope of employment, and the Act does not expressly require those employees or agents to have specific licenses.”
Shah v. Intermountain Healthcare, Inc., 2013 UT App 261 (Utah Ct. App. 2013). “See Utah Code Ann. § 78B-3-403(17) (" 'Malpractice action against a health care provider means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out…”
Smith v. United States, 2015 UT 68 (Utah 2015). “Damages are based upon fault, are generally limited only by the findings of the jury, and are payable in death cases to the heirs or personal representatives without regard to dependency.”
Shell v. Intermountain Health Servs., 2022 UT App 70 (Utah Ct. App. 2022). “Utah Code Ann. § 78B-3-403(10). “Breaking that down, ‘health care’ is: an ‘act or treatment’ that was or should have been ‘performed or furnished’: (1) ‘for, to, or on behalf of a patient’; (2) ‘during the patient’s medical care, treatment, or confinement’; and (3) by a ‘health…”
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “§ 78B-3-403(10).4 __________________________________________________________ procedural occurrence is .”
— Utah Code § 78B-3-403(18) — 4 cases
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). ““Health care,” as statutorily defined, includes “act[s] or treatment performed or furnished .”
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-403. And, again, “health care provider” also includes employees or agents of listed and “other” health care providers who are acting in the scope of employment, and the Act does not expressly require those employees or agents to have specific licenses.”
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “§ 78B-3-403(10).4 __________________________________________________________ procedural occurrence is .”
Cancellieri v. Greater Park City Co. (D. Utah 2023). “Cancellieri’s negligent towing claim because that claim is subject to the prelitigation requirements imposed by the Utah Health Care Malpractice Act for any “malpractice action against a health care provider,” Utah Code § 78B-3-403(18), which Plaintiff undisputedly did not…”
— Utah Code § 78B-3-403(38) — 1 case
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-403. And, again, “health care provider” also includes employees or agents of listed and “other” health care providers who are acting in the scope of employment, and the Act does not expressly require those employees or agents to have specific licenses.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.