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House passes bill requiring court release before malpractice claims against court‑appointed therapists
Summary
The House passed first substitute HB 111, which requires that malpractice or related claims against court‑appointed therapists must await release from the appointing court or the end of the appointment; the statute of limitations is tolled while the therapist is court‑appointed. The substitute passed 69–0.
The Utah House approved first substitute House Bill 111 on Jan. 26, a measure addressing protections and complaint timing for court‑appointed therapists used in high‑stakes family law matters.
Sponsor Representative Tuscher told members the bill was developed with the family law section of the bar and aims to balance therapists’ willingness to serve and parties’ ability to seek remedies. Under the substitute, a party seeking to file a malpractice or similar complaint against a court‑appointed therapist must first seek release of the therapist from the appointing court or wait until the therapist is no longer court‑appointed; the bill also tolls relevant statutes of limitation during the therapist’s appointment period.
Tuscher said the change responds to concerns that therapists decline court appointments for fear of litigation and is intended to provide a remedy if a therapist’s conduct merits review after removal from appointment. With summation waived, the House voted and the Clerk announced the substitute passed this body 69–0. The bill will be transmitted to the Senate.
