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Bills · 2011-2012 Regular Session

AB 147

Died at session end Official bill text Atom feed

inadmissibility of a statement of apology or condolence by a health care provider.

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan 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 bill provides that a statement or conduct of a health care provider that

expresses apology, benevolence, compassion, condolence, fault, liability, remorse,

responsibility, 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.

Sponsors

Introduced by: Bewley (D) , Bies (R) , Brooks (R) , Jacque (R) , Kaufert (R) , Nygren (R) , Ripp (R) , Severson (R) , Spanbauer (R) , Strachota (R) , Tauchen (R) , Thiesfeldt (R)

6 cosponsors

Cowles (R) , Darling (R) , Galloway (R) , Holperin (D) , Schultz (R) , Wanggaard (R)

Votes

Suspending the rules (to take a vote immediately) needs a two-thirds majority — a higher bar than passing the bill, which needs a simple majority. That's why a suspension motion can show more Ayes than the passage vote that follows it. Glossary

Assembly: Report passage recommended by committee on Health, Ayes 7, Noes 3

Passed 7–3 Sep 7, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly substitute amendment 1 laid on table, Ayes 60, Noes 33

Passed 60–33 Oct 25, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Refused to suspend rules to read a third time, Ayes 59, Noes 34

Passed 59–34 Oct 25, 2011 official source full page

Aye · 59

Not voting · 5

Assembly: Read a third time and passed, Ayes 62, Noes 33, Paired 2

Passed 62–33 Nov 1, 2011 official source full page

Aye · 62

Not voting · 1

Full history

  1. May 23, 2011 · Assembly

    Introduced by Representatives Severson, Nygren, Strachota, Kaufert, Bewley, Bies, Brooks, Jacque, Ripp, Spanbauer, Tauchen and Thiesfeldt;Cosponsored by Senators Galloway, Cowles, Darling, Holperin, Schultz and Wanggaard

  2. May 23, 2011 · Assembly

    Read first time and referred to committee on Health

  3. Jun 1, 2011 · Assembly

    Public hearing held

  4. Aug 24, 2011 · Assembly

    Executive action taken

  5. Sep 7, 2011 · Assembly

    Report passage recommended by committee on Health, Ayes 7, Noes 3

  6. Sep 7, 2011 · Assembly

    Referred to committee on Rules

  7. Oct 20, 2011 · Assembly

    Assembly amendment 1 offered by Representative Severson

  8. Oct 20, 2011 · Assembly

    Placed on calendar 10-25-2011 by committee on Rules

  9. Oct 25, 2011 · Assembly

    Assembly substitute amendment 1 laid on table, Ayes 60, Noes 33

  10. Oct 25, 2011 · Assembly

    Assembly amendment 1 adopted

  11. Oct 25, 2011 · Assembly

    Ordered to a third reading

  12. Oct 25, 2011 · Assembly

    Refused to suspend rules to read a third time, Ayes 59, Noes 34

  13. Oct 25, 2011 · Assembly

    Made a special order of business at 11:02 A.M. on 11-1-2011 pursuant to Assembly Resolution 16

  14. Oct 25, 2011 · Assembly

    Read a second time

  15. Oct 25, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representatives Richards, Pocan, Hebl, Seidel, Kessler, C. Taylor and Pasch

  16. Nov 1, 2011 · Assembly

    Read a third time and passed, Ayes 62, Noes 33, Paired 2

  17. Nov 1, 2011 · Assembly

    Ordered immediately messaged

  18. Nov 2, 2011 · Senate

    Received from Assembly

  19. Nov 2, 2011 · Senate

    Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations

  20. Mar 23, 2012 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1