House passes bill requiring court release before malpractice claims against court‑appointed therapists

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.