A statement, a gesture, or the conduct of a health care provider, or a health 4
care provider's employee or agent, that satisfies all of the following is not admissible 5
into evidence in any civil action, administrative hearing, disciplinary proceeding, 6
mediation, or arbitration regarding the health care provider as evidence of liability 7
or as an admission against interest:
(a) The statement, gesture, or conduct is made or occurs before the 9
commencement of the civil action, administrative hearing, disciplinary proceeding, 10
mediation, or arbitration.
(b) The statement, gesture, or conduct expresses apology, benevolence, 2
compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a 3
patient or his or her relative or representative.".