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Limitations on Liability Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill provides liability protection in some circumstances in relation to transportation
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provided for behavioral health care.
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Highlighted Provisions:
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This bill:
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▸ provides definitions;
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▸ provides limitations on liability, in some circumstances, for a behavioral health care
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provider that provides transportation services for a minor for the purposes of providing
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access to treatments;
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▸ permits a behavioral health care provider to contract with a parent of a minor who is
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receiving services from the behavioral health provider in order to limit the behavioral
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health care provider's liability, with some limitations; and
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▸ provides exceptions to liability limitations.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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78B-4-519, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-4-519 is enacted to read:
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78B-4-519 . Limitation on liability for behavioral health transportation.
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(1) As used in this part:
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(a) "Behavioral health provider" means:
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(i) an individual who is licensed to practice under Title 58, Chapter 60, Mental
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Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing
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Act;
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(ii) a business entity that employs an individual described in Subsection (1)(a)(i); or
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(iii) a business entity through which an individual described in Subsection (1)(a)(i)
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provides behavioral health services.
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(b) "Damage or injury" means physical, nonphysical, mental, emotional, economic, or
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noneconomic harm or loss, including death.
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(c) "Minor" means an individual who is under 18 years old, is not emancipated, and is a
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client of a behavioral health provider.
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(d) "Motor vehicle" means a self-propelled vehicle intended primarily for transporting
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two or more individuals and for use and operation on a street or highway.
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(e) "Parent" means:
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(i) the biological or adoptive parent of a minor who has the right to exercise parental
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rights in relation to the minor;
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(ii) an individual who has been appointed guardian of the minor by a written
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instrument or court order; or
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(iii) an individual who is legally entitled to act on behalf of the minor.
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(f) "Service charge" means a payment assessed for transportation services that is payable
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by the parent of a minor to:
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(i) a behavioral health provider;
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(ii) an entity that has contracted with the behavioral health provider to provide
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transportation services; or
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(iii) an agent of the behavioral health provider.
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(g) "Transportation services" means transportation:
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(i) of a minor:
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(A) between the minor's residence and a treatment location of a behavioral health
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care provider; or
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(B) between locations at which behavioral health treatment services are being
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performed; and
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(ii) that is provided without a service charge.
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(2) It shall be presumed a parent is aware of and understands that there are inherent risks
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associated with having a minor travel in a motor vehicle, and that a parent is capable of
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weighing the benefits and risks of utilizing a transportation service for the benefit of a
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minor.
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(3) A parent may enter into an agreement with a behavioral health provider before an injury
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from a motor vehicle accident to waive a claim for damage or injury to the parent's child
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resulting from negligence in a motor vehicle accident.
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(4) A behavioral health provider shall not be liable for damage or injury incurred by a
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minor while the minor is receiving transportation services, unless:
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(a) the behavioral health provider has failed to obtain a waiver of liability from a parent
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with respect to the transportation services as described in Subsection (2);
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(b) the behavioral health provider utilizes an employee for the transportation services
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who is not licensed to drive a motor vehicle;
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(c) the motor vehicle used by the behavioral health provider's employee does not carry at
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least the minimum liability insurance required by Utah law against which a claim for
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damage or injury may be filed up to the liability insurance policy limits; or
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(d) the behavioral health provider or the behavioral health provider's employee was
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grossly negligent or willfully, wantonly, or intentionally disregarded the safety of a
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minor while providing transportation services.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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