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Senate backs 'Sorry Works'‑style bill to let medical staff apologize; lawmakers question evidence rule authority
Summary
The Utah Senate approved a first substitute to SB41 allowing unsworn apologies and explanations by medical personnel to be inadmissible in civil actions, while debate flagged constitutional and evidentiary concerns about who sets rules of evidence.
The Utah Senate on Jan. 24 approved a first substitute to Senate Bill 41, a proposal based on the ‘Sorry Works’ model that sponsors say promotes full disclosure after adverse medical outcomes and may reduce litigation.
Sponsor Senator Thomas told colleagues the bill encourages medical personnel to apologize and explain events to patients without fear those comments will be used as admissions of liability in malpractice suits. "This model represents a middle approach to medical malpractice liability reform," Thomas said on the floor, citing examples where disclosure programs lowered litigation and defense costs.
Thomas said the measure protects unsworn statements and apologies from being admitted as evidence of liability while preserving other methods for patients to seek information and compensation. He told senators such dialogue could reduce anger and result in quicker, fairer outcomes.
Opponents and questioners raised procedural and constitutional concerns. Senator Aaron quoted Article VIII, Section 4 of the Utah Constitution, which assigns the adoption of rules of procedure and evidence to the Supreme Court and allows the legislature to amend those rules only by a two‑thirds vote of both houses. Aaron asked whether the bill improperly alters rules of evidence and whether the legislature had followed the correct procedure.
Senator Christiansen and others acknowledged practical benefits but said clarifying language may be needed to ensure impeachment uses and rules of evidence are preserved. Thomas said the bill limits admissibility for a defined set of unsworn statements and that he preferred statutory direction rather than leaving the matter solely to courts.
After debate and several suggested clarifications, the Senate approved the first substitute for SB41 by roll call. The vote recorded 25 yes, 2 no and 2 absent. Sponsors said they had modified language based on trial‑lawyer feedback and the Judiciary Interim Committee review.
Next steps include enrollment and any necessary follow‑up between sponsors and the courts or administrative offices to reconcile procedural questions.
