SB 302 creates a new Utah Code section governing liability for behavioral health providers that transport minors for treatment-related purposes. The bill defines key terms such as “behavioral health provider,” “minor,” “parent,” “transportation services,” and “service charge,” and it applies only to transportation provided without a fee. It establishes a presumption that parents understand the risks of motor vehicle travel and may, before any accident occurs, sign an agreement waiving claims for injuries to their child arising from negligence in a motor vehicle accident.
Under the bill, a behavioral health provider generally is not liable for injury or damage to a minor during these transportation services unless specific exceptions apply. Those exceptions include failure to obtain the parental waiver, use of an unlicensed driver, failure to maintain at least the minimum required motor vehicle liability insurance, or conduct that is grossly negligent, willful, wanton, or intentional in disregarding the minor’s safety. The bill takes effect May 7, 2025, and does not appropriate any money.
Impact
The bill enacts Section 78B-4-519 of the Utah Code, adding a targeted liability shield for behavioral health providers and related business entities that offer non-charged transportation for minors to and from treatment locations. It affects tort liability and waiver enforceability in the context of behavioral health services, while preserving claims in cases involving licensing, insurance, or serious misconduct. The practical effect is to reduce exposure for providers who facilitate access to care by transporting minor clients.
Sentiment
The available voting history shows strong support in the Senate, with a unanimous 4-0 favorable recommendation in committee and a 25-0 passage on second reading. No committee transcript is available, but the recorded votes suggest the bill was viewed positively and without visible opposition at that stage. Overall sentiment appears favorable and consensus-driven.
Contention
The main policy issue is the extent to which a parent can waive a child’s claims for injuries arising from transportation provided by a behavioral health provider. Potential concerns center on child safety, the enforceability of pre-injury liability waivers, and whether the bill appropriately balances access to behavioral health treatment against reduced legal accountability. The bill addresses these concerns by preserving liability for unlicensed drivers, inadequate insurance, and grossly negligent or intentional misconduct, which likely helped limit opposition.
Health: licensing; behavioral health transportation licensing requirements; provide for. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding ch. 9B. TIE BAR WITH: SB 0927'26
Human services: medical services; coverage for behavioral health transportation; provide for. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 109y. TIE BAR WITH: SB 0928'26