B.R. and C.R. through Jeffs v Rodier

The father of B.R. and C.R. killed their mother. Jeffs brought suit against the nurse practitioner who prescribed medications and Rodier the consulting physician. The district court dismissed the case against Rodier ruling there was no duty for Rodier to consult with the nurse before drugs were prescribed. The Court affirmed. It held the statute relied upon by Jeffs, Utah Code 58-31b-102(13)(c)(iii), is aimed at nurse practitioners not physicians, imposes a duty to create a consultation plan on the nurse not the doctor, consultation as used in the statute refers to a generalist consulting a specialist and thus imposes no duty on Rodier here, is not located where a physician would look in the Code to determine his or her duties and, if adopted, the proposed duty would render nurse practitioner prescribing authority null and void. The Court held an alternative theory that Rodier did create a plan which allowed the nurse to prescribe at will to be unpreserved and thus declined to review it.