Utah § 58-85-104 - Standard of care -- Medical practitioners not liable -- No private right of action.

Full text of Utah Utah Code § 58-85-104 — Standard of care -- Medical practitioners not liable -- No private right of action., with citation guidance and answers to common questions.

§ 58-85-104. Standard of care -- Medical practitioners not liable -- No private right of action.

Effective 5/3/2023
58-85-104. Standard of care -- Medical practitioners not liable -- No private right of action.

(1)	It is not a breach of the applicable standard of care for a physician, other licensed health care provider, or hospital to treat an eligible patient with an investigational drug or investigational device under this chapter.

(2)

A physician, other licensed health care provider, or hospital that treats an eligible patient with an investigational drug or investigational device under this chapter may not, for any harm done to the eligible patient by the investigational drug or device, be subject to:

(a)	civil liability;

(b)	criminal liability; or

(c)

licensure sanctions under:

(i)

for a physician:

(A)	Chapter 67, Utah Medical Practice Act; or

(B)	Chapter 68, Utah Osteopathic Medical Practice Act;

(ii)	for the other licensed health care provider, the act governing the other licensed health care provider's license; or

(iii)

for the hospital, Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.

(3)

This chapter does not:

(a)	require a manufacturer of an investigational drug or investigational device to agree to make an investigational drug or investigational device available to an eligible patient or an eligible patient's physician;

(b)

require a physician to agree to:

(i)	administer an investigational drug to an eligible patient under this chapter; or

(ii)	treat an eligible patient with an investigational device under this chapter; or

(c)

create a private right of action for an eligible patient:

(i)

against a physician or hospital, for the physician's or hospital's refusal to:

(A)	administer an investigational drug to an eligible patient under this chapter; or

(B)	treat an eligible patient with an investigational device under this chapter; or

(ii)	against a manufacturer, for the manufacturer's refusal to provide an eligible patient with an investigational drug or an investigational device under this chapter.

Amended by Chapter 329, 2023 General Session

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

Frequently Asked Questions About Utah § 58-85-104

What does Utah Code § 58-85-104 cover?

Section 58-85-104 ("Standard of care -- Medical practitioners not liable -- No private right of action.") 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 § 58-85-104?

A common citation format is "Utah Code § 58-85-104" (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 § 58-85-104 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.

Sources & Verification

Official text of § 58-85-104 at the Utah source

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.