§ 58-77-602. Immunity and liability.

(1) If a Direct-entry midwife seeks to consult with, refer, or transfer a client to a licensed health care provider or facility, the responsibility of the provider or facility for the client does not begin until the client is physically within the care of the provider or facility.

(2) A licensed health care provider who examines a Direct-entry midwife's client is only liable for the actual examination and cannot be held accountable for the client's decision to pursue an out-of-hospital birth or the services of a Direct-entry midwife.

(3)

(a) A licensed health care provider may, upon receiving a briefing data from a Direct-entry midwife, issue a medical order for the Direct-entry midwife's client, without that client being an explicit patient of the provider.

(b) Regardless of the advice given or order issued, the responsibility and liability for caring for the client is that of the Direct-entry midwife.

(c) The provider giving the order is responsible and liable only for the appropriateness of the order given the data received.

(d) The issuing of an order for a Direct-entry midwife's client does not constitute a delegation of duties from the other provider to the Direct-entry midwife.

(4) A licensed health care provider may not be held civilly liable for rendering emergency medical services that arise from prohibited conduct in Section 58-77-603, or from care rendered under a waiver as specified in Subsection 58-77-601(3)(b), unless the emergency medical services constitute gross negligence or reckless disregard for the client.

(5) A licensed Direct-entry midwife shall be solely responsible for the use of medications under this chapter.

Enacted by Chapter 299, 2005 General Session