Carbaugh v. Asbestos Corporation: Footnotes in the Opinion in Utah Decision

This final section of the Carbaugh v. Asbestos Corporation Opinion includes the footnotes cited previously in the Decision. This Opinion involves a number of asbestos plaintiffs who sought relief after finding that their medical expert, although a licensed and credentialed physician in other states, was not licensed to practice medicine in Utah.

Footnote: The Utah Medical Practice Act, Utah Code Ann. §§ 58-67-101 to -803 (2002 & Supp. 2005), is identical, in all relevant respects, to the Utah Osteopathic Medical Practice Act, Utah Code Ann. §§ 58-68-101 to -803 (2002 & Supp. 2005). All citations to the Utah Medical Practice Act, therefore, will also refer to all identical counterpart citations to the Utah Osteopathic Medical Practice Act.

Footnote: Utah Code section 58-1-307(1) allows identified persons--including military physicians employed in the armed forces, students acting under appropriate supervision, and physicians licensed in other states who consult with licensed Utah physicians, among others--to “engage in the practice of their occupation or profession, subject to the stated circumstances and limitations, without being licensed under this title.” Utah Code Ann. § 58-1-307(1) (2002 & Supp. 2005).

Footnote: A substantially revised version of Utah Rule of Evidence 702 is currently pending before this court. If adopted, it will not alter the application of the issues raised in this appeal.

Courtesy of the Utah State Courts

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