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UT SB0302

UT SB0302
Limitations on Liability Modifications


summary

Introduced
02/20/2025
In Committee
02/25/2025
Crossed Over
Passed
Dead
03/07/2025

Introduced Session

2025 General Session

Bill Summary

General Description: This bill provides liability protection in some circumstances in relation to transportation provided for behavioral health care.

AI Summary

This bill establishes a comprehensive legal framework for limiting liability for behavioral health transportation services in Utah, specifically focusing on protecting behavioral health providers from legal claims when transporting minors. The bill defines several key terms, including "behavioral health provider" (which encompasses licensed mental health professionals and their associated business entities), "transportation services" (non-charged transportation of minors between treatment locations), and "parent" (biological, adoptive, or legally appointed guardians). The legislation creates a presumption that parents understand the inherent risks of motor vehicle transportation and can waive liability claims for injuries resulting from negligence. Behavioral health providers are generally shielded from liability for transportation-related damages, with specific exceptions: if they fail to obtain a liability waiver, use an unlicensed driver, use a vehicle without minimum required insurance, or demonstrate gross negligence or intentional disregard for a minor's safety. Parents can proactively enter into agreements with behavioral health providers to waive potential claims for transportation-related injuries before any incident occurs. The bill is set to take effect on May 7, 2025, providing a clear legal pathway for behavioral health providers to offer transportation services with reduced legal risk.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Senate/ filed in Senate file for bills not passed (on 03/07/2025)

bill text


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