As used in this part: (1) "Adverse event" means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease. (2) "Affected party" means: (a) a patient; and (b) any representative of a patient. (3) "Communication" means any written or oral communication created for or during a medical candor process. (4) "Governmental entity" means the same as that term is defined in Section 63G-7-102. (5) "Health care" means the same as that term is defined in Section 78B-3-403. (6) "Health care provider" means the same as that term is defined in Section 78B-3-403. (7) "Malpractice action against a health care provider" means the same as that term is defined in Section 78B-3-403. (8) "Medical candor process" means the process described in Section 78B-3-451. (9) "Patient" means the same as that term is defined in Section 78B-3-403. (10) "Public employee" means the same as the term "employee" as defined in Section 63G-7-102. (11) (a) Except as provided in Subsection (11)(c), "representative" means the same as that term is defined in Section 78B-3-403. (b) "Representative" includes: (i) a parent of a child regardless of whether the parent is the custodial or noncustodial parent; (ii) a legal guardian of a child; (iii) a person designated to make decisions on behalf of a patient under a power of attorney, an advanced health care directive, or a similar legal document; (iv) a default surrogate as defined in Section 75-2a-108; and (v) if the patient is deceased, the personal representative of the patient's estate or the patient's heirs as defined in Sections 75-1-201 and 78B-3-105. (c) "Representative" does not include a parent of a child if the parent's parental rights have been terminated by a court. (12) "State" means the same as that term is defined in Section 63G-7-102.
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