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                  HB 78
              INJURY REPORTING BY HEALTH CARE PROVIDERS
              1996 GENERAL SESSION
              STATE OF UTAH
              Sponsor: R. Mont Evans
          AN ACT RELATING TO HEALTH; AMENDING PROVISIONS REGARDING REPORTING
          OF INJURIES BY HEALTH CARE PROVIDERS.
          This act affects sections of Utah Code Annotated 1953 as follows:
          AMENDS:
          26-23a-1 , as enacted by Chapter 238, Laws of Utah 1988
          26-23a-2 , as enacted by Chapter 238, Laws of Utah 1988
          Be it enacted by the Legislature of the state of Utah:
              Section 1. Section 26-23a-1 is amended to read:
              26-23a-1. Definitions.
              As used in this chapter:
              (1) "Health care provider" means any person, firm, corporation, or association which
          furnishes treatment[,] or care[, or transportation] to persons who have suffered bodily injury, and
          includes hospitals, clinics, [pharmacies,] podiatrists, dentists and dental hygienists, nurses,
          [medical doctors] nurse practitioners, physicians and physicians' assistants, [surgeons,] osteopathic
          [practitioners] physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics,
          and emergency medical technicians[, and ambulance companies].
              (2) "Injury" does not include any psychological or physical condition brought about solely
          through the voluntary administration of prescribed controlled substances.
              (3) "Law enforcement agency" means the municipal or county law enforcement agency:
              (a) having jurisdiction over the location where the injury occurred; or
              (b) if the reporting health care provider is unable to identify or contact the law enforcement
          agency with jurisdiction over the injury, "law enforcement agency" means the agency nearest to
          the location of the reporting health care provider.
              (4) "Report to a law enforcement agency" means to report, by telephone or other spoken
          communication, the facts known regarding an injury subject to reporting under Section 26-23a-2
          to the dispatch desk or other staff person designated by the law enforcement agency to receive
          reports from the public.
              Section 2. Section 26-23a-2 is amended to read:
              26-23a-2. Injury reporting requirements by health care provider -- Contents of report.
              (1) [The first or the designated] (a) Any health care provider who treats[,] or cares for[, or
          transports] any person who suffers from any wound or other injury inflicted by the person's own act
          or by the act of another by means of a knife, gun, pistol, explosive, infernal device, or deadly
          weapon, or by violation of any [penal] criminal statute of this state, shall immediately report [those]
          to a law enforcement agency the facts [immediately both by telephone and in writing to the chief of
          police of the municipality, or if the treatment, care, or transportation is provided outside a
          municipality, then to the sheriff of the county, where the treatment, care, or transportation is
          provided] regarding the injury.
              (b) The report shall state the name and address of the injured person, if known, the person's
          whereabouts, the character and extent of the person's injuries, and the name, address, and telephone
          number of the person making the report.
              (2) [No] A health care provider may not be discharged, suspended, disciplined, or harassed
          for making a report pursuant to this section.
              (3) [No] A person may not incur any civil or criminal liability as a result of making any
          report required by this section.
              (4) A health care provider who has personal knowledge that the report of a wound or injury
          has been made in compliance with this section is under no further obligation to make a report
          regarding that wound or injury under this section.

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