{"data":{"id":"us-ut/utah-code-75a-9-123","jurisdiction":"us-ut","citation":"Utah Code § 75A-9-123","heading":"Prohibited conduct -- Damages.","body":"(1) A person may not:\n(a) intentionally falsify, in whole or in part, an advance health care directive;\n(b) for the purpose of frustrating the intent of the individual who created an advance health care directive or with knowledge that doing so is likely to frustrate the intent:\n(i) intentionally conceal, deface, obliterate, or delete the directive or a revocation of the directive without consent of the individual who created or revoked the directive; or\n(ii) intentionally withhold knowledge of the existence or revocation of the directive from a responsible health care professional or health care institution providing health care to the individual who created or revoked the directive;\n(c) coerce or fraudulently induce an individual to create, revoke, or refrain from creating or revoking an advance health care directive or a part of a directive; or\n(d) require or prohibit the creation or revocation of an advance health care directive as a condition for providing health care.\n(2) An individual who is the subject of conduct prohibited under Subsection (1), or the individual's estate, has a cause of action against a person that violates Subsection (1) for statutory damages of $25,000 or actual damages resulting from the violation, whichever is greater.\n(3) Subject to Subsection (4), an individual who makes a health care instruction, or the individual's estate, has a cause of action against a health care professional or health care institution that intentionally violates Section 75A-9-120 for statutory damages of $50,000 or actual damages resulting from the violation, whichever is greater.\n(4) A health care professional who is an emergency medical services provider is not liable under Subsection (3) for a violation of Subsection 75A-9-120(5) if:\n(a) the violation occurs in the course of providing care to an individual experiencing a health condition for which the emergency medical services provider reasonably believes the care was appropriate to avoid imminent loss of life or serious harm to the individual;\n(b) the failure to comply is consistent with accepted standards of the profession of the emergency medical services provider; and\n(c) the provision of care does not begin in a health care institution in which the individual resides or was receiving care.\n(5) In an action under this section, a prevailing plaintiff may recover reasonable attorney fees, court costs, and other reasonable litigation expenses.\n(6) A cause of action or remedy under this section is in addition to any cause of action or remedy under other law.","path":["Title 75A Fiduciaries","Chapter 75A-9 Uniform Health Care Decisions Act"],"source_url":"https://le.utah.gov/xcode/Title75A/Chapter9/75A-9-S123.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"f3bdfe1c149b7409bdde1fe88a58454aa2f98236428a2c1290492d2a53034a9a","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75a-9-122","next":"us-ut/utah-code-75a-9-124"},"notice":"GroundRules: Original legal text. Not legal advice."}