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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 - 2006
IN 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 - 2006
Moved 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 - 2006
IN 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