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House adopts liability-exemption language extending protection to ski-patrol medical responders
Summary
Lawmakers approved changes to state statute to extend a civil-liability exemption to compensated ski-patrol personnel performing emergency medical services in the course of their duties, after debate over whether to use 'Good Samaritan' language or an explicit 'liability exemption.' Final passage: 57–11.
The Utah House on Feb. 19 approved an amendment to state law extending a civil-liability exemption to ski-patrol personnel who render emergency medical care while performing duties as part of their employment.
Representative Valentine, presenting the measure, said the change would place ski-patrol personnel within the same liability-exemption framework that covers physicians, nurses, EMTs and paramedics under the health code (identified in the discussion as a statute found in section 26-8-11). "This bill amends a present statute which has been on the books since 1985," Valentine said, and it "gives them the same liability protection in the course of their employment when they perform emergency medical services." (Representative Valentine is recorded as the explainer in the transcript.)
Early debate centered on wording. Lawmakers proposed substituting the phrase "liability exemption" for "Good Samaritan protection" to make the statute’s effect clearer and to avoid suggesting the state would assume monetary responsibility. Representative Marty Stevens argued the term "liability exemption" better describes what the statute does and reduces potential confusion that the state would be "on the hook for the costs of any liability exposure." Opponents warned that broad phrasing could erode the ability of injured persons to recover damages in some cases and urged caution.
Another point of contention was whether the exemption should apply only "while acting as a member of the ski patrol" (on-duty). Supporters said the bill fills a gap between the existing Good Samaritan statute (which covers gratuitous acts) and the proposed provision for ski-patrol personnel working within the scope of their employment; opponents said the bill should not lessen the standard of care or cut victims off from compensation when appropriate.
The House adopted substitute wording changing the short title/headline to "liability exemption for ski patrol" and voted down an amendment to restore a more limited on-duty phrase (the amendment failed by recorded votes announced in the transcript). The chamber then passed Senate Bill 73 as amended; the chair announced the final tally as 57 yes and 11 no. The bill will be forwarded to the Senate for further consideration.
What’s next: The measure, as amended, will be transmitted to the Senate. The transcript records the amendment history and both the substitute motion replacing "Good Samaritan" language and the failed motion to restore on-duty-only wording.
