The information on this page was last updated by Horty, Springer & Mattern on December 2, 2024.
UTAH
REPORTING REQUIREMENTS
§58-13-5 Information relating to adequacy and quality of medical care — Immunity from liability.
(1) As used in this section, “health care provider” has the same meaning as defined in Section 78B-3-403.
(2)(a) The division, and the boards within the division that act regarding the health care providers defined in this section, shall adopt rules to establish procedures to obtain information concerning the quality and adequacy of health care rendered to patients by those health care providers.
(b) It is the duty of an individual licensed under Title 58, Occupations and Professions, as a health care provider to furnish information known to him with respect to health care rendered to patients by any health care provider licensed under Title 58, Occupations and Professions, as the division or a board may request during the course of the performance of its duties.
(3) A health care facility as defined in Section 26B-2-201 which employs, grants privileges to, or otherwise permits a licensed health care provider to engage in licensed practice within the health care facility, and any professional society of licensed health care providers, shall report any of the following events in writing to the division within 60 days after the event occurs regarding the licensed health care provider:
(a) terminating employment of an employee for cause related to the employee’s practice as a licensed health care provider;
(b) terminating or restricting privileges for cause to engage in any act or practice related to practice as a licensed health care provider;
(c) terminating, suspending, or restricting membership or privileges associated with membership in a professional association for acts of unprofessional, unlawful, incompetent, or negligent conduct related to practice as a licensed health care provider;
(d) subjecting a licensed health care provider to disciplinary action for a period of more than 30 days;
(e) a finding that a licensed health care provider has violated professional standards or ethics;
(f) a finding of incompetence in practice as a licensed health care provider;
(g) a finding of acts of moral turpitude by a licensed health care provider; or
(h) a finding that a licensed health care provider is engaged in abuse of alcohol or drugs.
(4) This section does not prohibit any action by a health care facility, or professional society comprised primarily of licensed health care providers to suspend, restrict, or revoke the employment, privileges, or membership of a health care provider.
(5) The data and information obtained in accordance with this section is classified as a “protected” record under Title 63G, Chapter 2, Government Records Access and Management Act.
(6)(a) Any person or organization furnishing information in accordance with this section in response to the request of the division or a board, or voluntarily, is immune from liability with respect to information provided in good faith and without malice, which good faith and lack of malice is presumed to exist absent clear and convincing evidence to the contrary.
(b) The members of the board are immune from liability for any decisions made or actions taken in response to information acquired by the board if those decisions or actions are made in good faith and without malice, which good faith and lack of malice is presumed to exist absent clear and convincing evidence to the contrary.
(7) An individual who is a member of a hospital administration, board, committee, department, medical staff, or professional organization of health care providers, and any hospital, other health care entity, or professional organization conducting or sponsoring the review, is immune from liability arising from participation in a review of a health care provider’s professional ethics, medical competence, moral turpitude, or substance abuse.
(8) This section does not exempt a person licensed under Title 58, Occupations and Professions, from complying with any reporting requirements established under state or federal law.
§58-60-112 [Mental Health Professional Practice Act] Reporting of unprofessional or unlawful conduct –Immunity from liability.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-60-102 by a person licensed under this chapter or an individual not licensed under this chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary action by a licensed health care facility, professional practice group, or professional society, or that results in a significant adverse impact upon the public health, safety, or welfare, the following shall report the conduct in writing to the division within 10 days after learning of the disciplinary action or the conduct unless the individual or person knows it has been reported:
(a) a licensed health care facility or organization in which an individual licensed under this chapter engages in practice;
(b) an individual licensed under this chapter; and
(c) a professional society or organization whose membership is individuals licensed under this chapter and which has the authority to discipline or expel a member for acts of unprofessional or unlawful conduct.
(2) Any individual reporting acts of unprofessional or unlawful conduct by an individual licensed under this chapter is immune from liability arising out of the disclosure to the extent the individual furnishes the information in good faith and without malice.
(3)(a) As used in this Subsection (3):
(i) “Court-appointed therapist” means a mental health therapist ordered by a court to provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
(ii) “Domestic case” means a proceeding under:
(A) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(B) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act;
(C) Title 78B, Chapter 15, Utah Uniform Parentage Act;
(D) Title 81, Chapter 4, Dissolution of Marriage; or
(E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
(b) If a court appoints a court-appointed therapist in a domestic case, a party to the domestic case may not file a report against the court-appointed therapist for unlawful or unprofessional conduct during the pendency of the domestic case, unless:
(i) the party has requested that the court release the court-appointed therapist from the appointment; and
(ii) the court finds good cause to release the court-appointed therapist from the appointment.
*§78B-3-403. Definitions ( Formerly § 78-14-3)
As used in this part:
(1) “Audiologist” means a person licensed to practice audiology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
(2) “Certified social worker” means a person licensed to practice as a certified social worker under Section 58-60-205.
(3) “Chiropractic physician” means a person licensed to practice chiropractic under Title 58, Chapter 73, Chiropractic Physician Practice Act.
(4) “Clinical social worker” means a person licensed to practice as a clinical social worker under Section 58-60-205.
(5) “Commissioner” means the commissioner of insurance as provided in Section 31A-2-102.
(6) “Dental hygienist” means a person licensed to engage in the practice of dental hygiene as defined in Section 58-69-102.
(7) “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.
(8) “Dentist” means a person licensed to engage in the practice of dentistry as defined in Section 58-69-102.
(9) “Division” means the Division of Professional Licensing created in Section 58-1-103.
(10) “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.
(11)(a) “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.
(b) “Health care” does not include an act that, based on the totality of the circumstances, is sexual in nature regardless of whether:
(i) the act was committed under the auspice of providing professional diagnosis, counseling, or treatment; or
(ii) at the time the act occurred, the victim believed the act was for medically or professionally appropriate diagnosis, counseling, or treatment.
(12) “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.
(13) “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.
(14) “Hospital” means a public or private institution licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(15) “Licensed athletic trainer” means a person licensed under Title 58, Chapter 40a, Athletic Trainer Licensing Act.
(16) “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.
(17) “Licensed practical nurse” means a person licensed to practice as a licensed practical nurse as provided in Section 58-31b-301.
(18) “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.
(19) “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.
(20) “Naturopathic physician” means a person licensed to engage in the practice of naturopathic medicine as defined in Section 58-71-102.
(21) “Nurse-midwife” means a person licensed to engage in practice as a nurse midwife under Section 58-44a-301.
(22) “Optometrist” means a person licensed to practice optometry under Title 58, Chapter 16a, Utah Optometry Practice Act.
(23) “Osteopathic physician” means a person licensed to practice osteopathy under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(24) “Patient” means a person who is under the care of a health care provider, under a contract, express or implied.
(25) “Periodic payments” means the payment of money or delivery of other property to a judgment creditor at intervals ordered by the court.
(26) “Pharmacist” means a person licensed to practice pharmacy as provided in Section 58-17b-301.
(27) “Physical therapist” means a person licensed to practice physical therapy under Title 58, Chapter 24b, Physical Therapy Practice Act.
(28) “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.
(29) “Physician” means a person licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act.
(30) “Physician assistant” means a person licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(31) “Podiatric physician” means a person licensed to practice podiatry under Title 58, Chapter 5a, Podiatric Physician Licensing Act.
(32) “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.
(33) “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.
(34) “Registered nurse” means a person licensed to practice professional nursing as provided in Section 58-31b-301.
(35) “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.
(36) “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.
(37) “Social service worker” means a person licensed to practice as a social service worker under Section 58-60-205.
(38) “Speech-language pathologist” means a person licensed to practice speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
(39) “Tort” means any legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another.
(40) “Unanticipated outcome” means the outcome of a medical treatment or procedure that differs from an expected result.
* * *
**§26-21-2. Definitions.
As used in this chapter:
* * *
(13)(a) “Health care facility” means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule.
(b) “Health care facility” does not include the offices of private physicians or dentists, whether for individual or group practice, except that it does include an abortion clinic.
* * *
***§58-60-102. Definitions.
* * *
As used in this chapter, unless a different meaning is established by definition under a specific section or part:
(1) “Board” means the Behavioral Health Board created in Section 58-60-102.5.
(2) “Client” or “patient” means an individual who consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual’s professional capacity.
(3) “Clinical supervision” means work experience conducted under the supervision of a clinical supervisor, including:
(a) the practice of mental health therapy, direct client care, direct clinical supervision, direct observation, and other duties and activities completed in the course of the day-to-day job functions and work of a:
(i) certified social worker;
(ii) associate marriage and family therapist;
(iii) associate clinical mental health counselor; or
(iv) associate master addiction counselor, wherein the supervisor is available for consultation with the supervisee by personal face-to-face contact, or direct voice contact by telephone, radio, or other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged.
(4) “Clinical supervisor” means an individual who oversees and mentors one or more mental health therapists licensed under this chapter, and who:
(a)(i) is licensed, in good standing, as a mental health therapist;
(ii) is approved or certified in good standing as a supervisor by a national professional organization for social work, mental health counseling, addiction counseling, marriage and family therapy, psychology, medicine, or nursing, or other organization as approved by the division;
(iii)(A) has completed eight or more hours of supervision instruction that meets minimum standards established by the division in rule; or
(B) has completed a graduate course on clinical supervision from an accredited program;
(iv) completes continuing education in clinical supervision, as established by the division in rule; and
(v) provides supervision to no more than the number of individuals to whom the supervisor can reasonably provide clinical supervision by performing the duties and responsibilities of a supervisor, including:
(A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable time frame;
(B) providing instruction, direction, oversight, observation, evaluation, and feedback, to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to engage in the practice of behavioral health care ethically, safely, and competently; and
(C) maintaining routine personal contact with the supervisee; and
(b)(i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024; and
(ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027.
(5) “Confidential communication” means information obtained by an individual licensed under this chapter, including information obtained by the individual’s examination of the client or patient, which is:
(a)(i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or
(ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client’s or patient’s family; and
(b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:
(i) present to further the interest of the client or patient in the consultation, examination, or interview;
(ii) reasonably necessary for the transmission of the communications; or
(iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist.
(6) “Designated examiner” means the same as that term is defined in Section 26B-5-301.
(7)(a) “Direct client care” means the practice of mental health therapy performed as an applicant for licensure.
(b) “Direct client care” includes:
(i) the practice of mental health therapy;
(ii) the utilization of patient-reported progress and outcomes to inform care; and
(iii) direct observation.
(8)(a) “Direct clinical supervision” means an applicant for licensure and the applicant’s direct clinical supervisor meeting in real time and in accordance with the applicant for licensure’s supervision contract as defined by division rule.
(b) “Direct clinical supervision” includes group supervision.
(9) “Direct clinical supervisor” means the clinical supervisor who has signed the supervision contract with the applicant for licensure.
(10) “Direct observation” means observation of an applicant for licensure’s live or recorded direct client care:
(a)(i) by the applicant for licensure’s clinical supervisor; or
(ii) by a licensee under Subsection (4)(a) who the applicant for licensure’s direct clinical supervisor approves; and
(b) after which the applicant for licensure and the observer under Subsection (10)(a) meet, in-person or electronically, to discuss the direct client care for the purpose of developing the applicant for licensure’s clinical knowledge and skill.
(11) “FBI Rap Back System” means the same as that term is defined in Section 53-10-108.
(12) “Group supervision” means an applicant for licensure meeting with the applicant’s direct clinical supervisor and at least one of the direct clinical supervisor’s other supervised applicants for licensure:
(a) while the clinical supervisor and the applicants:
(i) can see and openly communicate with each other; and
(ii) are present in the same room or via electronic video; and
(b) for the purpose of developing the applicants’ clinical knowledge and skill.
(13) “Hypnosis” means, when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits.
(14) “Individual” means a natural person.
(15) “Mental health therapist” means an individual who is practicing within the scope of practice defined in the individual’s respective licensing act and is licensed under this title as:
(a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;
(d) a psychologist qualified to engage in the practice of mental health therapy;
(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;
(f) a physician assistant specializing in mental health care under Section 58-70a-501.1;
(g) a clinical social worker;
(h) a certified social worker;
(i) a marriage and family therapist;
(j) an associate marriage and family therapist;
(k) a clinical mental health counselor;
(l) an associate clinical mental health counselor;
(m) a master addiction counselor; or
(n) an associate master addiction counselor.
(16) “Mental illness” means a mental or emotional condition defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (15).
(17) “Practice of mental health therapy” means treatment or prevention of mental illness, whether in person or remotely, including:
(a) conducting a professional evaluation of an individual’s condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (15);
(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (15);
(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and
(d) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (15).
(18) “Remotely” means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time.
(20) “Unprofessional conduct” is as defined in Sections 58-1-501 and 58-60-110, and may be further defined by division rule.
§ 58-1-501. Unlawful and unprofessional conduct
(1) “Unlawful conduct” means conduct, by any person, that is defined as unlawful under this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or attempting to practice or engage in any profession requiring licensure under this title, except the behavioral health technician under Chapter 60, Part 6, Behavioral Health Coach and Technician Licensing Act, if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary, or inactive license;
(b)(i) impersonating another licensee or practicing a profession under a false or assumed name, except as permitted by law; or
(ii) for a licensee who has had a license under this title reinstated following disciplinary action, practicing the same profession using a different name than the name used before the disciplinary action, except as permitted by law and after notice to, and approval by, the division;
(c) knowingly employing any other person to practice or engage in or attempt to practice or engage in any profession licensed under this title if the employee is not licensed to do so under this title;
(d) knowingly permitting the person’s authority to practice or engage in any profession licensed under this title to be used by another, except as permitted by law;
(e) obtaining a passing score on a licensure examination, applying for or obtaining a license, or otherwise dealing with the division or a licensing board through the use of fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission;
(f)(i) issuing, or aiding and abetting in the issuance of, an order or prescription for a drug or device to a person located in this state:
(A) without prescriptive authority conferred by a license issued under this title, or by an exemption to licensure under this title; or
(B) with prescriptive authority conferred by an exception issued under this title or a multistate practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment; and
(ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call or cross coverage situation, provided that the person who issues the prescription has prescriptive authority conferred by a license under this title, or is exempt from licensure under this title; or
(g) aiding or abetting any other person to violate any statute, rule, or order regulating a profession under this title.
(2)(a) “Unprofessional conduct” means conduct, by a licensee or applicant, that is defined as unprofessional conduct under this title or under any rule adopted under this title and includes:
(i) violating any statute, rule, or order regulating an a profession under this title;
(ii) violating, or aiding or abetting any other person to violate, any generally accepted professional or ethical standard applicable to an occupation or profession regulated under this title;
(iii) subject to the provisions of Subsection (4), engaging in conduct that results in conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in abeyance pending the successful completion of probation with respect to a crime that, when considered with the functions and duties of the profession for which the license was issued or is to be issued, bears a substantial relationship to the licensee’s or applicant’s ability to safely or competently practice the profession;
(iv) engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same profession if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section 58-1-401;
(v) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the ability of the licensee or applicant to safely engage in the profession;
(vi) practicing or attempting to practice a profession regulated under this title despite being physically or mentally unfit to do so;
(vii) practicing or attempting to practice a or profession regulated under this title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
(viii) practicing or attempting to practice a profession requiring licensure under this title by any form of action or communication which is false, misleading, deceptive, or fraudulent;
(ix) practicing or attempting to practice a profession regulated under this title beyond the scope of the licensee’s competency, abilities, or education;
(x) practicing or attempting to practice a profession regulated under this title beyond the scope of the licensee’s license;
(xi) verbally, physically, mentally, or sexually abusing or exploiting any person through conduct connected with the licensee’s practice under this title or otherwise facilitated by the licensee’s license;
(xii) acting as a supervisor without meeting the qualification requirements for that position that are defined by statute or rule;
(A) without first obtaining information in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to the proposed treatment; or
(B) with prescriptive authority conferred by an exception issued under this title, or a multi-state practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment;
(xiv) violating a provision of Section 58-1-501.5;
(xv) violating the terms of an order governing a license; or
(xvi) violating Section 58-1-511.
(b) “Unprofessional conduct” does not include:
(i) a health care provider, as defined in Section 78B-3-403 and who is licensed under this title, deviating from medical norms or established practices if the conditions described in Subsection (5) are met; and
(ii) notwithstanding Section 58-1-501.6, a health care provider advertising that the health care provider deviates from medical norms or established practices, including the maladies the health care provider treats, if the health care provider:
(A) does not guarantee any results regarding any health care service;
(B) fully discloses on the health care provider’s website that the health care provider deviates from medical norms or established practices with a conspicuous statement; and
(C) includes the health care provider’s contact information on the website.
(3) Unless otherwise specified by statute or administrative rule, in a civil or administrative proceeding commenced by the division under this title, a person subject to any of the unlawful and unprofessional conduct provisions of this title is strictly liable for each violation.
(4) The following are not evidence of engaging in unprofessional conduct under Subsection (2)(a)(iii):
(a) an arrest not followed by a conviction; or
(b) a conviction for which an individual’s incarceration has ended more than seven years before the date of the division’s consideration, unless:
(i) after the incarceration the individual has engaged in additional conduct that results in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in abeyance pending the successful completion of probation; or
(ii) the conviction was for:
(A) a violent felony as defined in Section 76-3-203.5;
(B) a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4, Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
(C) a felony related to criminal fraud or embezzlement, including a felony under Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
(5) In accordance with Subsection (2)(b)(i), a health care provider may deviate from medical norms or established practices if:
(a) the health care provider does not deviate outside of the health care provider’s scope of practice and possesses the education, training, and experience to competently and safely administer the alternative health care service;
(b) the health care provider does not provide an alternative health care service that is otherwise contrary to any state or federal law;
(c) the alternative health care service has reasonable potential to be of benefit to the patient to whom the alternative health care service is to be given;
(d) the potential benefit of the alternative health care service outweighs the known harms or side effects of the alternative health care service;
(e) the alternative health care service is reasonably justified under the totality of the circumstances;
(f) after diagnosis but before providing the alternative health care service:
(i) the health care provider educates the patient on the health care services that are within the medical norms and established practices;
(ii) the health care provider discloses to the patient that the health care provider is recommending an alternative health care service that deviates from medical norms and established practices;
(iii) the health care provider discusses the rationale for deviating from medical norms and established practices with the patient;
(iv) the health care provider discloses any potential risks associated with deviation from medical norms and established practices; and
(v) the patient signs and acknowledges a notice of deviation; and
(g) before providing an alternative health care service, the health care provider discloses to the patient that the patient may enter into an agreement describing what would constitute the health care provider’s negligence related to deviation.
(6) As used in this section, “notice of deviation” means a written notice provided by a health care provider to a patient that:
(a) is specific to the patient;
(b) indicates that the health care provider is deviating from medical norms or established practices in the health care provider’s recommendation for the patient’s treatment;
(c) describes how the alternative health care service deviates from medical norms or established practices;
(d) describes the potential risks and benefits associated with the alternative health care service;
(e) describes the health care provider’s reasonably justified rationale regarding the reason for the deviation; and
(f) provides clear and unequivocal notice to the patient that the patient is agreeing to receive the alternative health care service which is outside medical norms and established practices.