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Senate approves narrow health-care immunity for COVID-19 treatments after amendment; discussion centers on consent and scope
Summary
The Senate amended and passed SB 3,002 to provide limited civil-immunity protections to health-care providers treating COVID-19 patients, add informed-consent language for off-label or investigational treatments, and specify exceptions for gross negligence and intentional misconduct. Vote recorded 27-1-1; concerns were raised about nursing homes and clarity on documentation methods.
The Utah Senate on April 16 advanced a bill that gives limited civil-immunity protections to health-care providers treating COVID-19 patients while adding informed-consent and procedural guardrails for investigational or off-label treatments.
Senator Vickers, sponsor of SB 3,002, said the bill is narrow and tied to a declared major public-health emergency. He explained the law would protect physicians and facilities acting "in good faith" when delivering care to COVID-19 patients, while preserving liability for "grossly negligent or intentional or malicious conduct." The bill also extends an existing "right to try" process to allow investigational antivirals and similar therapies to be used under physician direction.
Two amendments were adopted. Amendment 1 removed a reference to state agency recommendations so that treatment guidance would defer to federal authorities such as the FDA or CDC. Amendment 2, introduced by Senator Iwamoto and supported by the sponsor, included informed-consent language for off-label medication and clarified that the consent can be documented (the body discussed whether documentation must be written or may be provided by other means such as electronic or chart notes).
During debate, senators asked whether "good faith" has a statutory definition; the sponsor said drafting attorneys indicated it is commonly used in code to mean an honest belief. Senators also pressed on whether immunity would cover nursing-home care; the sponsor said immunity under this bill applies only if the patient is COVID-19 positive and does not protect against gross negligence. Senator Wyler noted concerns from the Disability Law Center about vulnerable residents; Senator Vickers said those issues were considered and that broader immunity for errors and omissions was intentionally excluded.
Senators recorded the final vote as 27 yeas, 1 nay and 1 absent; the bill was amended and passed by the Senate and will be sent to the House for consideration.
