HB 164

Enrolled Copy  H.B. 164
1Health Care Patient Reporting to the Division of Professional Licensing
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Stephanie Gricius
  Senate Sponsor: Stephanie Pitcher
   Cosponsor:
   Anthony E. Loubet
2
3  LONG TITLE
4  General Description:
5This bill addresses nondisclosure clauses and required disclosures that must be made to a
6  patient regarding reporting to the Division of Professional Licensing.
7  Highlighted Provisions:
8This bill:
9▸ requires health care providers that receive a disclosure of potential unprofessional or
10  unlawful conduct to provide information about how to report the concern to the Division
11  of Professional Licensing;
12▸ makes the validity of a nondisclosure clause preventing a patient from reporting the
13  conduct of the patient's health care provider to the Division of Professional Licensing
14  contingent on the provider having provided the division's model notice to the patient
15  before the execution of the nondisclosure clause;
16▸ requires the division to make a model notice and publish the notice online for download;
17  and
18▸ defines terms.
19  Money Appropriated in this Bill:
20None
21  Other Special Clauses:
22None
23  Utah Code Sections Affected:
24  AMENDS:
2526B-2-221, as renumbered and amended by Laws of Utah 2023, Chapter 305
 H.B. 164  Enrolled Copy
26   ENACTS:
2758-67-809, Utah Code Annotated 1953
2858-68-809, Utah Code Annotated 1953
29
30   Be it enacted by the Legislature of the state of Utah:
31Section 1. Section 26B-2-221 is amended to read:
3226B-2-221 . Reporting health care providers.
33   (1) A health care facility licensed under this part which reports disciplinary
34information on a licensed nurse to the Division of Professional Licensing within the
35Department of Commerce as required by Section 58-31b-702 is entitled to the immunity
36from liability provided by that section.
37   (2) A health care provider or a health care provider's employee shall provide, in writing at
38the time of the disclosure, information about how an individual may file a complaint
39with the Division of Professional Licensing if the individual discloses a concern about a
40current or former provider's potential unprofessional or unlawful conduct.
41Section 2. Section 58-67-809 is enacted to read:
4258-67-809 . Nondisclosure clauses.
43   (1) As used in this section, "nondisclosure clause" means a contractual requirement that
44operates to preclude a patient from reporting, to the division, the conduct of an
45individual licensed under this chapter who provided health care services to the patient.
46   (2) After June 1, 2025, for a nondisclosure clause to be valid and enforceable, the
47individual licensed under this chapter must provide the notice described in Subsection (3)
48to the patient or the patient's personal representative before the contract containing the
49nondisclosure clause is executed.
50   (3) The division shall:
51(a) create a model notice that includes information about a patient's option to report
52unprofessional or unlawful conduct of an individual licensed under this chapter to the
53division;
54(b) include on the model notice:
55(i) information regarding what constitutes unprofessional or unlawful conduct;
56(ii) information about the process for reporting a complaint of unprofessional or
57unlawful conduct to the division; and
58(iii) a reference to Section 58-1-501; and
59(c) publish the notice online for download.
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 Enrolled Copy  H.B. 164
60  (4) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
61      Administrative Rulemaking Act, that are necessary to administer this section.
62Section 3. Section 58-68-809 is enacted to read:
6358-68-809 . Nondisclosure clauses.
64  (1) As used in this section, "nondisclosure clause" means a contractual requirement that
65      operates to preclude a patient from reporting, to the division, the conduct of an
66      individual licensed under this chapter who provided health care services to the patient.
67  (2) After June 1, 2025, for a nondisclosure clause to be valid and enforceable, the
68      individual licensed under this chapter must provide the notice described in Subsection (3)
69      to the patient or the patient's personal representative before the contract containing the
70      nondisclosure clause is executed.
71  (3) The division shall:
72      (a) create a model notice that includes information about a patient's option to report
73unprofessional or unlawful conduct of an individual licensed under this chapter to the
74division;
75      (b) include on the model notice:
76(i) information regarding what constitutes unprofessional or unlawful conduct;
77(ii) information about the process for reporting a complaint of unprofessional or
78unlawful conduct to the division; and
79(iii) a reference to Section 58-1-501; and
80      (c) publish the notice online for download.
81  (4) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
82      Administrative Rulemaking Act, that are necessary to administer this section.
83Section 4. Effective Date.
84  This bill takes effect on May 6, 2026.
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