Amendment ASA1-AB120

LRBs0304/1

TKK:jld:rs

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 120

February 18, 2014 - Offered by Representatives Pasch, Wright, C. Taylor, Wachs, Doyle, Hesselbein, Shankland, Genrich, Sargent and Bernard Schaber.

AB120-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.

Analysis by the Legislative Reference Bureau

Under current law, certain types of evidence are not allowed to be admitted in a court action for various policy reasons. For example, evidence of remedial measures taken after an event occurred that would have made the event less likely is not admissible to prove negligence or culpable conduct in connection with the event. As another example, no written or oral communication relating to a dispute in mediation is admissible or subject to discovery in any judicial proceeding or administrative action.

This substitute amendment provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, remorse, or sympathy to a patient or patient's 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.

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

AB120-ASA1,1 Section 1. 904.14 of the statutes is created to read:

AB120-ASA1,2,3 904.14 Inadmissibility of statement by health care provider of apology or condolence. (1) In this section:

AB120-ASA1,2,5 (a) "Health care provider" has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center.

AB120-ASA1,2,6 (b) "Relative" has the meaning given in s. 106.50 (1m) (q).

AB120-ASA1,2,12 (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.

AB120-ASA1,2 Section 2. Initial applicability.

AB120-ASA1,2,15 (1) This act first applies to statements, gestures, or conduct that occur on the effective date of this subsection.

AB120-ASA1,2,16 (End)