Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 266 (2025GS)

Sponsor

Sen. Cullimore, Kirk A.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates an exclusive, civil cause of action for ethylene oxide exposure;
• provides immunity from suit to individuals or businesses in the healthcare industry in relation to the use of ethylene oxide, with limited exceptions;
• provides requirements and procedures for claims and pleadings;
• provides that the enacted chapter is the exclusive remedy for ethylene oxide exposure actions;
• provides transitional language;
• provides that the enacted chapter supercedes other personal injury or related laws; and
• provides that the enacted chapter does not affect workers' compensation claims or programs.

Every vote on this bill

Bill text

6
78B-3-1201
78B-3-1202
78B-3-1203
78B-3-1204
78B-3-1201
78B-3-1202
78B-3-1203
78B-3-1204
0
Ethylene Oxide Litigation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill creates a civil cause of action for ethylene oxide exposure.
Highlighted Provisions:
This bill:
creates an exclusive, civil cause of action for ethylene oxide exposure;
provides immunity from suit to individuals or businesses in the healthcare industry in 
relation to the use of ethylene oxide, with limited exceptions;
provides requirements and procedures for claims and pleadings;
provides that the enacted chapter is the exclusive remedy for ethylene oxide exposure 
actions;
provides transitional language;
provides that the enacted chapter supersedes other personal injury or related laws; and
provides that the enacted chapter does not affect workers' compensation claims or 
programs.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-3-1201
, Utah Code Annotated 1953
78B-3-1202
, Utah Code Annotated 1953
78B-3-1203
, Utah Code Annotated 1953
78B-3-1204
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-3-1201
 is enacted to read:
12. ETHYLENE OXIDE EXPOSURE
78B-3-1201
. Definitions.
As used in this part:
(1)
(a)
"Healthcare industry" means the economic sector composed of entities, 
organizations, services, individuals, and professionals involved in providing medical 
care and support to individuals, including maintaining and improving public health, 
diagnosing and treating diseases, and promoting the well-being of individuals.
(b)
"Healthcare industry" includes the manufacturing, sales and distribution, 
sterilization, storage, and transportation of medical devices.
(2)
"State law" includes:
(a)
statutes;
(b)
regulations;
(c)
rules; and
(d)
standards that are enacted, promulgated, or established under common law.
Section 2, Section 
78B-3-1202
 is enacted to read:
78B-3-1202
. Requirements for liability for exposure to ethylene oxide -- 
Limitation on liability.
Notwithstanding any other provision of law, and except as otherwise provided in this 
part, no person engaged in business in the healthcare industry shall be liable in any ethylene 
oxide exposure action unless the plaintiff can prove by a preponderance of the evidence that:
(1)
in engaging in the business, the person was not in substantial compliance and was not 
making reasonable efforts in light of all the circumstances to be in substantial 
compliance with the applicable United States government laws, regulations, or standards 
related to ethylene oxide in effect at the time of the actual, alleged, feared, or potential 
exposure to ethylene oxide;
(2)
the person engaged in gross negligence or willful misconduct that caused an actual 
exposure to ethylene oxide; and
(3)
the actual exposure to ethylene oxide was the direct and proximate cause of the personal 
injury of the plaintiff.
Section 3, Section 
78B-3-1203
 is enacted to read:
78B-3-1203
. Claim procedures -- Pleading requirements.
In any ethylene oxide-related action:
(1)
the complaint shall:
(a)
plead each element of the plaintiff's claim with particularity; and
(b)
plead each alleged act or omission constituting gross negligence or willful 
misconduct that resulted in personal injury, harm, damage, breach, or tort with 
particularity;
(2)
if monetary damages are requested, a plaintiff shall file with the complaint a statement 
of specific information as to the nature and amount of each element of damages and the 
factual basis for the damages calculation; and
(3)
if a claim is asserted on which the plaintiff may prevail only on proof that the defendant 
acted with a particular state of mind, a plaintiff shall file with the complaint, with 
respect to each element of that claim, a statement of the facts giving rise to a strong 
inference that the defendant acted with the required state of mind.
Section 4, Section 
78B-3-1204
 is enacted to read:
78B-3-1204
. Application and preemption -- Exclusive cause of action -- 
Transition clause -- Preemption of other law -- Workers' compensation applicability not 
affected.
(1)
This part creates an exclusive cause of action for ethylene oxide exposure actions.
(2)
A plaintiff may prevail in an ethylene oxide exposure action only in accordance with the 
requirements of this part.
(3)
The provisions of this part apply to:
(a)
any cause of action that is an ethylene oxide exposure action filed before May 7, 
2025, and that is pending as of that date; and
(b)
any ethylene oxide exposure action filed on or after May 7, 2025.
(4)
This part preempts and supersedes any state law that is related to recovery for personal 
injuries caused by actual, alleged, feared, or potential exposure to ethylene oxide.
(5)
Nothing in this part shall be construed to affect the applicability of any state law 
providing for a workers' compensation scheme or program, or to preempt or supersede 
an exclusive remedy or defense under such scheme or program.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 4:05 PM