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H0634aa..............................by JUDICIARY, RULES AND ADMINISTRATION CIVIL ACTIONS - Adds to existing law to provide that expressions of apology, condolence and sympathy made by health care professionals shall be inadmissible in certain circumstances; to provide for admissibility of a statement of fault; and to define terms. 02/10 House intro - 1st rdg - to printing 02/13 Rpt prt - to Jud 02/20 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/22 To Gen Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/06 3rd rdg as amen - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Black, Boe, Sayler Floor Sponsor - Shirley Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 33-1-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- McKenzie Absent and excused -- Marley Floor Sponsor - Sweet Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed 03/23 Pres signed - To Governor 03/24 Governor signed Session Law Chapter 204 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 634 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY; AMENDING CHAPTER 3 2, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-207, IDAHO 4 CODE, TO PROVIDE THAT EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY MADE 5 BY HEALTH CARE PROFESSIONALS SHALL BE INADMISSIBLE IN CERTAIN CIRCUM- 6 STANCES, TO PROVIDE FOR ADMISSIBILITY OF A STATEMENT OF FAULT AND TO 7 DEFINE TERMS; AND TO PROVIDE AN EFFECTIVE DATE AND APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 2, Title 9, Idaho Code, be, and the same is hereby 10 amended by the addition thereto of a NEW SECTION, to be known and designated 11 as Section 9-207, Idaho Code, and to read as follows: 12 9-207. ADMISSIBILITY OF EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY. 13 (1) In any civil action brought by or on behalf of a patient who experiences 14 an unanticipated outcome of medical care, or in any arbitration proceeding 15 related to, or in lieu of, such civil action, all statements and affirmations, 16 whether in writing or oral, and all gestures or conduct expressing apology, 17 explanation, sympathy, commiseration, condolence, compassion, or a general 18 sense of benevolence which are made by a health care professional or an 19 employee of a health care professional, which relate to the care provided to 20 the patient, or which relate to the discomfort, pain, suffering, injury, or 21 death of the patient as the result of the unanticipated outcome of medical 22 care shall be inadmissible as evidence for any reason including, but not lim- 23 ited to, as an admission of liability or as evidence of an admission against 24 interest. 25 (2) A statement of fault which is part of or in addition to a statement 26 identified in subsection (1) of this section shall not be inadmissible pursu- 27 ant to this section. 28 (3) For the purposes of this section, unless the context otherwise 29 requires: 30 (a) "Health care professional" means any person licensed, certified, or 31 registered by the state of Idaho to deliver health care and any clinic, 32 hospital, nursing home, ambulatory surgical center or other place in which 33 health care is provided. The term also includes any professional corpora- 34 tion or other professional entity comprised of such health care profes- 35 sionals as permitted by the laws of Idaho. 36 (b) "Unanticipated outcome" means the outcome of a medical treatment or 37 procedure that differs from an expected, hoped for or desired result. 38 SECTION 2. This act shall be in full force and effect and shall apply to 39 civil actions filed on or after July 1, 2006.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Shirley Seconded by Smith (24) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 634 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 17, delete "explanation,"; in line 3 18, delete "benevolence which are" and insert: "benevolence, including any 4 accompanying explanation,"; in line 19, following "professional" insert: "to a 5 patient or family member or friend of a patient"; and delete lines 25 through 6 27 and insert: 7 "(2) A statement of fault which is otherwise admissible and is part of or 8 in addition to a statement identified in subsection (1) of this section shall 9 be admissible.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 634, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY; AMENDING CHAPTER 3 2, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-207, IDAHO 4 CODE, TO PROVIDE THAT EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY MADE 5 BY HEALTH CARE PROFESSIONALS SHALL BE INADMISSIBLE IN CERTAIN CIRCUM- 6 STANCES, TO PROVIDE FOR ADMISSIBILITY OF A STATEMENT OF FAULT AND TO 7 DEFINE TERMS; AND TO PROVIDE AN EFFECTIVE DATE AND APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 2, Title 9, Idaho Code, be, and the same is hereby 10 amended by the addition thereto of a NEW SECTION, to be known and designated 11 as Section 9-207, Idaho Code, and to read as follows: 12 9-207. ADMISSIBILITY OF EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY. 13 (1) In any civil action brought by or on behalf of a patient who experiences 14 an unanticipated outcome of medical care, or in any arbitration proceeding 15 related to, or in lieu of, such civil action, all statements and affirmations, 16 whether in writing or oral, and all gestures or conduct expressing apology, 17 sympathy, commiseration, condolence, compassion, or a general sense of benevo- 18 lence, including any accompanying explanation, made by a health care profes- 19 sional or an employee of a health care professional to a patient or family 20 member or friend of a patient, which relate to the care provided to the 21 patient, or which relate to the discomfort, pain, suffering, injury, or death 22 of the patient as the result of the unanticipated outcome of medical care 23 shall be inadmissible as evidence for any reason including, but not limited 24 to, as an admission of liability or as evidence of an admission against inter- 25 est. 26 (2) A statement of fault which is otherwise admissible and is part of or 27 in addition to a statement identified in subsection (1) of this section shall 28 be admissible. 29 (3) For the purposes of this section, unless the context otherwise 30 requires: 31 (a) "Health care professional" means any person licensed, certified, or 32 registered by the state of Idaho to deliver health care and any clinic, 33 hospital, nursing home, ambulatory surgical center or other place in which 34 health care is provided. The term also includes any professional corpora- 35 tion or other professional entity comprised of such health care profes- 36 sionals as permitted by the laws of Idaho. 37 (b) "Unanticipated outcome" means the outcome of a medical treatment or 38 procedure that differs from an expected, hoped for or desired result. 39 SECTION 2. This act shall be in full force and effect and shall apply to 40 civil actions filed on or after July 1, 2006.
STATEMENT OF PURPOSE RS 16001 This legislation would make statements of apology and explanation made by a health care professional following an unintended outcome of medical care inadmissible in a malpractice action. Because those statements currently are admissible in malpractice actions health care professionals are cautioned not to make them. This can anger patients who conclude that the health care professional is uncaring or indifferent to a patient s suffering. This legislation will encourage open communication between patients and health care professionals yet will not inhibit the ability of a patient to file a malpractice action concerning the quality of care provided. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact: Ken McClure 388-1200 STATEMENT OF PURPOSE/FISCAL NOTE H 634