Signed by Governor Jon Huntsman, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that elevates the standard of proof for medical malpractice litigation filed against physicians providing emergency care from a "preponderance of the evidence" to "clear and convincing evidence" for emergency care given after July 1, 2009.

Highlights:

- Specifies that such immunity does not apply to emergency care provided by a physician if all of the following conditions apply (Sec. 1):

- The physician has a prior physician-patient relationship with the patient outside of the emergency room; - The patient has been seen in the last three months by the physician for the same condition for which emergency care is sought; and - The physician can access and consult the patient's relevant medical care records while making decisions about and providing the emergency care.

- Specifies that the provisions of this Act do not amend the applicable standard of care for determining fault, nor does it apply the standard of clear and convincing evidence to medical care provided outside of emergency care and the mandatory legal duty to provide medical treatment (Sec. 1). - Defines "emergency care" as the treatment of an emergency medical condition, as defined by existing law, from the time an individual is presented at the emergency department of a hospital until the condition has been stabilized and the patient is either discharged from emergency department or transferred to a separate department (Sec. 1). - Repeals the provisions of this Act on July 1, 2013 (Sec. 2). - This is a substitute bill sponsored by Sen. Peter Knudson.

Full Bill Text