2006 Legislation
Print Friendly

HOUSE BILL NO. 634 – Civil action, apology, inadmissible

HOUSE BILL NO. 634

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                     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