| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the discoverability and admissibility of |
|
|
communications of sympathy in certain civil or administrative |
|
|
actions against a health care provider or physician. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 18, Civil Practice and |
|
|
Remedies Code, is amended by adding Section 18.0611 to read as |
|
|
follows: |
|
|
Sec. 18.0611. COMMUNICATIONS OF SYMPATHY: HEALTH CARE |
|
|
PROVIDERS. (a) In this section: |
|
|
(1) "Civil or administrative action" means: |
|
|
(A) a civil action or alternative dispute |
|
|
resolution proceeding relating to a health care liability claim or |
|
|
other civil claim against a health care provider or physician; or |
|
|
(B) an administrative or disciplinary action |
|
|
against a health care provider or physician by an accreditation, |
|
|
licensure, or certification agency. |
|
|
(2) "Communication" means: |
|
|
(A) an oral statement; |
|
|
(B) a writing; or |
|
|
(C) a gesture. |
|
|
(3) "Health care provider," "health care liability |
|
|
claim," and "physician" have the meanings assigned by Section |
|
|
74.001. |
|
|
(4) "Patient's representative" means: |
|
|
(A) a relative of the patient; |
|
|
(B) a survivor of the patient; |
|
|
(C) a friend or other individual accompanying the |
|
|
patient; or |
|
|
(D) a legal guardian, an attorney, or an |
|
|
individual legally authorized to make health care decisions for a |
|
|
patient. |
|
|
(b) Notwithstanding Section 18.061(c), communications |
|
|
regarding the following topics made by a health care provider or |
|
|
physician, or an employee or other representative of a health care |
|
|
provider or physician, to the patient or patient's representative, |
|
|
shall not, in a civil or administrative action against a health care |
|
|
provider or physician, be subject to discovery, be admissible as |
|
|
evidence against a health care provider or physician, or be |
|
|
considered an admission of liability or an admission against |
|
|
interest: |
|
|
(1) apology; |
|
|
(2) sympathy; |
|
|
(3) commiseration; |
|
|
(4) condolence; |
|
|
(5) compassion; |
|
|
(6) regret; |
|
|
(7) fault; |
|
|
(8) grief; |
|
|
(9) a general sense of benevolence; |
|
|
(10) any explanation of the event giving rise to the |
|
|
communication; |
|
|
(11) an explanation of any action taken to prevent |
|
|
future similar occurrences; |
|
|
(12) any offer to undertake corrective or remedial |
|
|
action; |
|
|
(13) any offer of, or waiver of, payment for the |
|
|
medical or health care services provided; or |
|
|
(14) any gratuitous acts to assist the affected |
|
|
persons. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a civil or administrative action filed or commenced on or after |
|
|
the effective date of this Act. A civil or administrative action |
|
|
filed or commenced before the effective date of this Act is governed |
|
|
by the law in effect immediately before that date, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |