Utah § 58-13-2.5 - Standard of proof for emergency care when immunity does not apply.

Full text of Utah Utah Code § 58-13-2.5 — Standard of proof for emergency care when immunity does not apply., with citation guidance and answers to common questions.

§ 58-13-2.5. Standard of proof for emergency care when immunity does not apply.

Effective 5/4/2022
58-13-2.5.  Standard of proof for emergency care when immunity does not apply.
(1) A person who is a health care provider as defined in Section 78B-3-403 who provides emergency care in good faith, but is not immune from suit because of an expectation of payment, a legal duty to respond, or other reason under Section 58-13-2, may only be liable for civil damages if fault, as defined in Section 78B-5-817, is established by clear and convincing evidence.
(2) For purposes of Subsection (1), "emergency care" means the treatment of an emergency medical condition, as defined in Section 31A-1-301, from the time that the person presents at the emergency department of a hospital and including any subsequent transfer to another hospital, until the condition has been stabilized and the patient is either discharged from the emergency department or admitted to another department of the hospital.
(3) This section does not apply to emergency care provided by a physician if:
(a) the physician has a previously established physician/patient relationship with the patient outside of the emergency room;
(b) the patient has been seen in the last three months by the physician for the same condition for which emergency care is sought; and
(c) the physician can access and consult the patient's relevant medical care records while the physician is making decisions about and providing the emergency care.
(4)
(a) Nothing in this section may be construed as:
(i) altering the applicable standard of care for determining fault; or
(ii) applying the standard of proof of clear and convincing evidence to care outside of emergency care and the mandatory legal duty to treat.
(b) This section applies to emergency care given after June 1, 2009.
(5) This section sunsets in accordance with Section 63I-1-258.


Amended by Chapter 198, 2022 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 58-13-2.5

What does Utah Code § 58-13-2.5 cover?

Section 58-13-2.5 ("Standard of proof for emergency care when immunity does not apply.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 58-13-2.5?

A common citation format is "Utah Code § 58-13-2.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 58-13-2.5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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