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Medical Professional Liability State Profile:

Utah

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#5 ProAssurance State Rank
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$87,488,883 Size of MPL Market

CME Requirements

Credit Amount
Utah requires MDs and DOs to earn 40 hours of CME training per licensure cycle, with a minimum of 34 Category 1 CME hours.

Licensure Cycle

  • For MDs, the biennial licensure cycle expires on Jan. 31 of even-numbered years.
  • For DOs, the biennial licensure cycle expires May 31 of even-numbered years.

Topics
Physicians who prescribe controlled substances are required to complete at least 3.5 hours of controlled substance prescribing CME each licensure cycle. Physicians must also complete at least 1 online suicide prevention training course from a list provided by the Utah Department of Commerce Division of Occupational and Professional Licensing (DOPL). More than 30 CME credits can be earned in any subject area.

CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Utah’s current MD and DO requirements with the Utah Department of Commerce DOPL.

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate:

  • For actions brought to recover damages for personal injuries that arose prior to July 1, 2014, 7.5% simple interest allowed on special damages. Special damages do not include damages for future medical expenses, loss of future wages or loss of future earning capacity.
    • Utah Code Ann. § 78B-5-824 (2013)
  • For actions brought to recover damages for personal injuries that arose on or after July 1, 2014, simple interest on special damages calculated as noted in Utah Code Ann. § 78B-5-824(5) (2018), but only if the plaintiff makes a settlement demand complying with Utah Code Ann. § 78B-5-824(2). Special damages do not include damages for future medical expenses, loss of future wages, or loss of future earning capacity

Prejudgment Accrual Date: For personal injury actions arising prior to July 1, 2014, the date of the occurrence of the act giving rise to the cause of action. For personal injury actions arising on or after July 1, 2014, the date on which the damages were incurred, as explained in Utah Code Ann. § 78B-5-824 (2018)

  • Utah Code Ann. § 78B-5-824

Post-Judgment Tort Actions Rate: The contract rate or, if none, the federal post judgment interest rate as of January 1 of each year plus 2%.

  • Utah Code Ann. § 15-1-4

Post-Judgment Accrual Date: Date of judgment

  • Utah Code Ann. § 15-1-4

One-party or two-party state

Utah is a one-party state.

In Utah, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Utah, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications easily available to the public. Utah Code Ann. § 77-23a-3 & Utah Code Ann. § 77-23a-4

Tort Laws

Limits on damages for pain and suffering: $450,000 cap on noneconomic damages for cause of action arising after 5/15/10 ($480,000 for earlier cases)
  • Utah Code Ann. § 78B-3-410
Limits on contingent attorney fees: 33.3% of recovered
  • Utah Code Ann. § 78B-3-411
Reform of collateral source rule: Mandatory (excludes benefits subject to subrogation)
  • Utah Code Ann. § 78B-3-405
Periodic payment of future damages: Mandatory over $100,000 at request of either party
  • Utah Code Ann. § 78B-3-414
Statute of limitations: 2 years from discovery; 4 years maximum 1 year Foreign Object exception
  • Utah Code Ann. § 78B-3-404

Abortion Law

Now that the Supreme Court has overturned Roe:

Utah is enforcing its 18-week ban while its trigger ban is enjoined.