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Utah

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on August 10, 2020.

For more up-to-date information on the relief programs available in Utah, we recommend that you visit the state’s COVID-19 Resources for Employers and Businesses or the COVID-19 Community Resource List

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Description of Program and Relief

Immunity from Liability for Health Care Providers, Relief Relating to Use of Investigational Drugs

The state passed legislation to (i) grant limited immunity to health care providers, including the use of certain treatments, provided during a major public health emergency; (ii) amend the Utah Right to Try Act to permit the use of certain investigational drugs and devices during a major public health emergency; and (iii) create limited immunity for health care providers who provide an investigational drug or device to a patient during a major public health emergency. Interested parties should check the legislation directly. In summary, it includes the following provisions:

  • Health care providers are immune from civil liability for any harm that occurs in the course of treating a patient with COVID-19 if the health care is provided in good faith or was a direct result of providing health care and the provider was not grossly negligent or engaged in intentional or malicious misconduct. This immunity extends to health care providers who provide care not within their education, training, or experience, if the provider is acting within the scope of their license and is either (i) treating patients with COVID-19 or (ii) there is an urgent shortage of health care providers and the provider is not grossly negligent or engaged in intentional or malicious misconduct.

  • Health care providers are immune from civil liability, criminal liability, and sanctions against the provider’s license for providing a qualified treatment to a patient if a federal agency has issued a written recommendation for the treatment’s use against COVID-19 and the provider receives informed consent from the patient or patient’s representative.

  • A health care provider that treats a patient with an investigational drug or device in accordance with the legislation is immune from civil liability, criminal liability, or sanctions against the provider’s license for any harm done to the patient if the provider receives informed consent.

Government or Lead Agency

Legislation

Dates Available

For the duration of a declared major public health emergency.

Eligibility Requirements/Restrictions

The provider may not engage in conduct that is either grossly negligent or is intentional or malicious misconduct.

Application Deadlines (If Applicable)

N/A

Contact for More Information

N/A

List of Additional Information

For more information, please click here.


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