Utah 2025 Regular Session

Utah Senate Bill SB0302 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-19 12:58 S.B. 302
2	2	1
3	3	Limitations on Liability Modifications
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Todd Weiler
7	7	House Sponsor:
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9	9
10	10	3
11	11	LONG TITLE
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13	13	General Description:
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15	15	This bill provides liability protection in some circumstances in relation to transportation
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17	17	provided for behavioral health care.
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19	19	Highlighted Provisions:
20	20	8
21	21	This bill:
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23	23	▸ provides definitions;
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25	25	▸ provides limitations on liability, in some circumstances, for a behavioral health care
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27	27	provider that provides transportation services for a minor for the purposes of providing
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29	29	access to treatments;
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31	31	▸ permits a behavioral health care provider to contract with a parent of a minor who is
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33	33	receiving services from the behavioral health provider in order to limit the behavioral
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35	35	health care provider's liability, with some limitations; and
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37	37	▸ provides exceptions to liability limitations.
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39	39	Money Appropriated in this Bill:
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41	41	None
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43	43	Other Special Clauses:
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45	45	None
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47	47	Utah Code Sections Affected:
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49	49	ENACTS:
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51	51	78B-4-519, Utah Code Annotated 1953
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53	53
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55	55	Be it enacted by the Legislature of the state of Utah:
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57	57	Section 1. Section 78B-4-519 is enacted to read:
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59	59	78B-4-519 . Limitation on liability for behavioral health transportation.
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61	61	(1) As used in this part:
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63	63	(a) "Behavioral health provider" means:
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65	65	(i) an individual who is licensed to practice under Title 58, Chapter 60, Mental
66	66	S.B. 302 S.B. 302 02-19 12:58
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68	68	Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing
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70	70	Act;
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72	72	(ii) a business entity that employs an individual described in Subsection (1)(a)(i); or
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74	74	(iii) a business entity through which an individual described in Subsection (1)(a)(i)
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76	76	provides behavioral health services.
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78	78	(b) "Damage or injury" means physical, nonphysical, mental, emotional, economic, or
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80	80	noneconomic harm or loss, including death.
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82	82	(c) "Minor" means an individual who is under 18 years old, is not emancipated, and is a
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84	84	client of a behavioral health provider.
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86	86	(d) "Motor vehicle" means a self-propelled vehicle intended primarily for transporting
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88	88	two or more individuals and for use and operation on a street or highway.
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90	90	(e) "Parent" means:
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92	92	(i) the biological or adoptive parent of a minor who has the right to exercise parental
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94	94	rights in relation to the minor;
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96	96	(ii) an individual who has been appointed guardian of the minor by a written
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98	98	instrument or court order; or
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100	100	(iii) an individual who is legally entitled to act on behalf of the minor.
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102	102	(f) "Service charge" means a payment assessed for transportation services that is payable
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104	104	by the parent of a minor to:
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106	106	(i) a behavioral health provider;
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108	108	(ii) an entity that has contracted with the behavioral health provider to provide
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110	110	transportation services; or
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112	112	(iii) an agent of the behavioral health provider.
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114	114	(g) "Transportation services" means transportation:
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116	116	(i) of a minor:
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118	118	(A) between the minor's residence and a treatment location of a behavioral health
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120	120	care provider; or
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122	122	(B) between locations at which behavioral health treatment services are being
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124	124	performed; and
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126	126	(ii) that is provided without a service charge.
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128	128	(2) It shall be presumed a parent is aware of and understands that there are inherent risks
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130	130	associated with having a minor travel in a motor vehicle, and that a parent is capable of
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132	132	weighing the benefits and risks of utilizing a transportation service for the benefit of a
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134	134	minor.
135	135	- 2 - 02-19 12:58 S.B. 302
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137	137	(3) A parent may enter into an agreement with a behavioral health provider before an injury
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139	139	from a motor vehicle accident to waive a claim for damage or injury to the parent's child
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141	141	resulting from negligence in a motor vehicle accident.
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143	143	(4) A behavioral health provider shall not be liable for damage or injury incurred by a
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145	145	minor while the minor is receiving transportation services, unless:
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147	147	(a) the behavioral health provider has failed to obtain a waiver of liability from a parent
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149	149	with respect to the transportation services as described in Subsection (2);
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151	151	(b) the behavioral health provider utilizes an employee for the transportation services
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153	153	who is not licensed to drive a motor vehicle;
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155	155	(c) the motor vehicle used by the behavioral health provider's employee does not carry at
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157	157	least the minimum liability insurance required by Utah law against which a claim for
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159	159	damage or injury may be filed up to the liability insurance policy limits; or
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161	161	(d) the behavioral health provider or the behavioral health provider's employee was
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163	163	grossly negligent or willfully, wantonly, or intentionally disregarded the safety of a
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165	165	minor while providing transportation services.
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167	167	Section 2. Effective Date.
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169	169	This bill takes effect on May 7, 2025.
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