Definitions

As used in this article 58, unless the context otherwise requires: (1) "Covered entity" means any general hospital, hospital unit as defined in section 25-3-101, community clinic as defined in section 25-3-101, freestanding emergency department as defined in section 25-1.5-114, maternity hospital, or rehabilitation hospital. "Covered entity" does not include a health-care professional or a hospital, community clinic, or other facility owned or operated by the state. (2) (a) "Denial of care" means any refusal by a covered entity to provide a health-care service, or to provide a referral for a health-care service, for nonmedical reasons. (b) "Denial of care" includes the following practices, whether based on formal or informal policies or practices, that are not based on generally accepted standards of care: (I) Selective refusal to provide a health-care service to some, but not all, patients based on a characteristic described in section 24-34-601 (2)(a), objections to a health-care service, or for other nonmedical reasons; and (II) A significant restriction on the availability of health-care services. (3) "Department" means the department of public health and environment. (4) "End-of-life health-care services" means any medical, surgical, preventive, counseling, or referral services provided to an individual who is near the end of life or who has a terminal illness. "End-of-life health-care services" includes any services provided pursuant to article 48 of this title 25, palliative care, services identified in advance directives, withdrawal of nutrition services, and hospice care. (5) "Health-care professional" means a person who is licensed, certified, registered, or otherwise authorized or permitted by law to administer health care or dispense medication in the ordinary course of business or practice of a profession. (6) "Health-care service" means the provision of treatment, care, advice or guidance, or services or supplies, including: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; (b) Counseling, assessment, procedures, or other services; or (c) Selling, dispensing, or administering a prescription or nonprescription drug, a device, or equipment. (7) "LGBTQ health-care services" means any medical, surgical, preventive, counseling, or referral services that are specifically targeted to or that disproportionately affect LGBTQ individuals, including gender-affirming care, HIV-related care, and family-building services. (8) "Nonmedical reasons" means nonclinical criteria, rules, or policies, whether written or unwritten, that restrict health-care professionals at a covered entity from providing types of care that a health-care professional is authorized under law to provide and that the covered entity is licensed to provide. (9) "Reproductive health-care services" means any medical, surgical, preventive, counseling, or referral services relating to the human reproductive system, including services relating to contraception, sterilization, pregnancy, and the termination of a pregnancy. (10) "Service availability form" means the form created by the department pursuant to section 25-58-104 and completed by covered entities.