Amendment ASA1-AB147

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2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 147

October 25, 2011 - Offered by Representatives Richards, Pocan, Hebl, Seidel, Kessler, C. Taylor and Pasch.

AB147-ASA1,1,2 An Act to create 904.14 of the statutes; relating to: inadmissibility of a statement of apology or condolence by a health care provider.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB147-ASA1, s. 1 Section 1. 904.14 of the statutes is created to read:

AB147-ASA1,1,5 904.14 Inadmissibility of statement by health care provider of apology or condolence. (1) In this section:

AB147-ASA1,1,7 (a) "Health care provider" has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center.

AB147-ASA1,1,8 (b) "Relative" has the meaning given in s. 106.50 (1m) (q).

AB147-ASA1,2,3 (2) A statement, gesture, or the conduct of a health care provider or a health care provider's employee or agent, that expresses apology, benevolence, compassion, condolence, remorse, or sympathy to a patient or to his or her relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.

AB147-ASA1, s. 2 Section 2. Initial applicability.

AB147-ASA1,2,6 (1) This act first applies to statements, gestures, or conduct that occur on the effective date of this subsection.

AB147-ASA1,2,7 (End)