Unlawful conduct concerning a kickback or bribe

(1) Terms defined in Sections 76-1-101.5, 76-17-101, and 76-17-201 apply to this section. (2) An actor commits unlawful conduct concerning a kickback or bribe if the actor: (a) solicits or receives a kickback or bribe in return for the referral of a person to another person for the furnishing of a good or service that relates to an insurance claim or a claim for damages; or (b) offers or pays a kickback or bribe to induce the referral of a person to another person for the furnishing of a good or service that relates to an insurance claim or a claim for damages. (3) A violation of Subsection (2) is a third degree felony. (4) (a) This section does not apply to an individual licensed to practice law or a medical provider when referring a client for medical treatment or evaluation, if the referral is made without compensation. (b) This section does not apply to an individual licensed to practice law when: (i) paying a lien, contractual reimbursement, or medical bill on behalf of a client from proceeds of a settlement or judgment; or (ii) marketing to, or engaging in client development activities with, an individual licensed to provide medical treatment or evaluation, if the marketing or client development activities are not for the purpose of inducing the individual licensed to provide medical treatment or evaluation to refer a particular person to the individual licensed to practice law.