2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 120
April 1, 2014 - Offered by Senators
Risser and Grothman.
1An Act to create
904.14 of the statutes; relating to: inadmissibility of a
2statement 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:
904.14 of the statutes is created to read:
4904.14 Inadmissibility of statement by health care provider of apology
5or condolence. (1)
In this section:
(a) "Health care provider" has the meaning given in s. 146.81 (1) and includes 7
an ambulatory surgery center, an adult family home as defined in s. 50.01 (1), and 8
a residential care apartment complex, as defined in s. 50.01 (6d), that is certified or 9
registered by the department of health services.
(b) "Relative" has the meaning given in s. 106.50 (1m) (q).
A statement, a gesture, or the conduct of a health care provider, or a health 12
care provider's employee or agent, that satisfies all of the following is not admissible
into evidence in any civil action, administrative hearing, disciplinary proceeding, 2
mediation, or arbitration regarding the health care provider as evidence of liability 3
or as an admission against interest:
(a) The statement, gesture, or conduct is made or occurs before the 5
commencement of the civil action, administrative hearing, disciplinary proceeding, 6
mediation, or arbitration.
(b) The statement, gesture, or conduct expresses apology, benevolence, 8
compassion, condolence, remorse, or sympathy to a patient or his or her relative or 9
(1) This act first applies to statements, gestures, or conduct that occur on the 12
effective date of this subsection.