58-77-602 - Immunity and liability. - Utah Statutes

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Statutes > Utah > Title-58 > Chapter-77 > 58-77-602

58-77-602. Immunity and liability.
(1) If a Direct-entry midwife seeks to consult with, refer, or transfer a client to a licensedhealth care provider or facility, the responsibility of the provider or facility for the client does notbegin until the client is physically within the care of the provider or facility.
(2) A licensed health care provider who examines a Direct-entry midwife's client is onlyliable for the actual examination and cannot be held accountable for the client's decision topursue an out-of-hospital birth or the services of a Direct-entry midwife.
(3) (a) A licensed health care provider may, upon receiving a briefing data from aDirect-entry midwife, issue a medical order for the Direct-entry midwife's client, without thatclient being an explicit patient of the provider.
(b) Regardless of the advice given or order issued, the responsibility and liability forcaring for the client is that of the Direct-entry midwife.
(c) The provider giving the order is responsible and liable only for the appropriateness ofthe order given the data received.
(d) The issuing of an order for a Direct-entry midwife's client does not constitute adelegation of duties from the other provider to the Direct-entry midwife.
(4) A licensed health care provider may not be held civilly liable for renderingemergency medical services that arise from prohibited conduct in Section 58-77-603, or fromcare rendered under a waiver as specified in Subsection 58-77-601(3)(b), unless the emergencymedical services constitute gross negligence or reckless disregard for the client.
(5) A licensed Direct-entry midwife shall be solely responsible for the use of medicationsunder this chapter.

Enacted by Chapter 299, 2005 General Session

State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-77 > 58-77-602

58-77-602. Immunity and liability.
(1) If a Direct-entry midwife seeks to consult with, refer, or transfer a client to a licensedhealth care provider or facility, the responsibility of the provider or facility for the client does notbegin until the client is physically within the care of the provider or facility.
(2) A licensed health care provider who examines a Direct-entry midwife's client is onlyliable for the actual examination and cannot be held accountable for the client's decision topursue an out-of-hospital birth or the services of a Direct-entry midwife.
(3) (a) A licensed health care provider may, upon receiving a briefing data from aDirect-entry midwife, issue a medical order for the Direct-entry midwife's client, without thatclient being an explicit patient of the provider.
(b) Regardless of the advice given or order issued, the responsibility and liability forcaring for the client is that of the Direct-entry midwife.
(c) The provider giving the order is responsible and liable only for the appropriateness ofthe order given the data received.
(d) The issuing of an order for a Direct-entry midwife's client does not constitute adelegation of duties from the other provider to the Direct-entry midwife.
(4) A licensed health care provider may not be held civilly liable for renderingemergency medical services that arise from prohibited conduct in Section 58-77-603, or fromcare rendered under a waiver as specified in Subsection 58-77-601(3)(b), unless the emergencymedical services constitute gross negligence or reckless disregard for the client.
(5) A licensed Direct-entry midwife shall be solely responsible for the use of medicationsunder this chapter.

Enacted by Chapter 299, 2005 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-77 > 58-77-602

58-77-602. Immunity and liability.
(1) If a Direct-entry midwife seeks to consult with, refer, or transfer a client to a licensedhealth care provider or facility, the responsibility of the provider or facility for the client does notbegin until the client is physically within the care of the provider or facility.
(2) A licensed health care provider who examines a Direct-entry midwife's client is onlyliable for the actual examination and cannot be held accountable for the client's decision topursue an out-of-hospital birth or the services of a Direct-entry midwife.
(3) (a) A licensed health care provider may, upon receiving a briefing data from aDirect-entry midwife, issue a medical order for the Direct-entry midwife's client, without thatclient being an explicit patient of the provider.
(b) Regardless of the advice given or order issued, the responsibility and liability forcaring for the client is that of the Direct-entry midwife.
(c) The provider giving the order is responsible and liable only for the appropriateness ofthe order given the data received.
(d) The issuing of an order for a Direct-entry midwife's client does not constitute adelegation of duties from the other provider to the Direct-entry midwife.
(4) A licensed health care provider may not be held civilly liable for renderingemergency medical services that arise from prohibited conduct in Section 58-77-603, or fromcare rendered under a waiver as specified in Subsection 58-77-601(3)(b), unless the emergencymedical services constitute gross negligence or reckless disregard for the client.
(5) A licensed Direct-entry midwife shall be solely responsible for the use of medicationsunder this chapter.

Enacted by Chapter 299, 2005 General Session