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Bills · 2013-2014 Regular Session

AB 120

Became law Official bill text Atom feed

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

Court — Procedure Damage _personal injury_ Death Evidence Medical examining board Medical malpractice Medical service Nurses Nursing homes and adult care Physician Trades and occupations

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

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: A. Ott (R) , Ballweg (R) , Bernier (R) , Bies (R) , Brooks (R) , Craig (R) , Czaja (R) , Honadel (R) , Jacque (R) , Kaufert (R) , Kestell (R) , Kleefisch (R) , Knodl (R) , LeMahieu (R) , Marklein (R) , Murphy (R) , Nass (R) , Nygren (R) , Petersen (R) , Pridemore (R) , Schraa (R) , Severson (R) , Stone (R) , Strachota (R) , Tittl (R)

4 cosponsors

Cowles (R) , Farrow (R) , Petryk and Kulp , Vukmir (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 Assembly Amendment 1 adoption recommended by Committee on Health, Ayes 7, Noes 4

Passed 7–4 Jun 20, 2013 official source full page

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

Assembly: Report passage as amended recommended by Committee on Health, Ayes 7, Noes 4

Passed 7–4 Jun 20, 2013 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 58, Noes 38

Passed 58–38 Feb 18, 2014 official source full page

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

Senate: Report concurrence recommended by Committee on Health and Human Services, Ayes 3, Noes 2

Passed 3–2 Mar 7, 2014 official source full page

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

Senate: Senate Amendment 1 laid on table, Ayes 19, Noes 14

Passed 19–14 Apr 1, 2014 official source full page

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

Senate: Senate Substitute Amendment 1 laid on table, Ayes 19, Noes 14

Passed 19–14 Apr 1, 2014 official source full page

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

Senate: Refused to suspend rules, Ayes 20, Noes 13

Passed 20–13 Apr 1, 2014 official source full page

Senate: Read a third time and concurred in, Ayes 19, Noes 14

Passed 19–14 Apr 1, 2014 official source full page

Full history

  1. Apr 4, 2013 · Assembly

    Introduced by Representatives Severson, Nygren, Bernier, Bies, Brooks, Czaja, Honadel, Jacque, Kaufert, Kestell, Kleefisch, Knodl, LeMahieu, Marklein, Murphy, Nass, A. Ott, Petersen, Pridemore, Schraa, Stone, Strachota, Tittl, Craig and Ballweg; cosponsored by Senators Vukmir, Cowles and Farrow

  2. Apr 4, 2013 · Assembly

    Read first time and referred to Committee on Judiciary

  3. May 13, 2013 · Assembly

    Withdrawn from committee on Judiciary and referred to committee on Health pursuant to Assembly Rule 42 (3)(c)

  4. May 29, 2013 · Assembly

    Public hearing held

  5. May 31, 2013 · Assembly

    Assembly Amendment 1 offered by Representative Severson

  6. Jun 5, 2013 · Assembly

    Executive action taken

  7. Jun 20, 2013 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Health, Ayes 7, Noes 4

  8. Jun 20, 2013 · Assembly

    Report passage as amended recommended by Committee on Health, Ayes 7, Noes 4

  9. Jun 20, 2013 · Assembly

    Referred to Committee on Rules

  10. Feb 13, 2014 · Assembly

    Placed on calendar 2-18-2014 by Committee on Rules

  11. Feb 18, 2014 · Assembly

    Rules suspended to withdraw from calendar and take up

  12. Feb 18, 2014 · Assembly

    Read a second time

  13. Feb 18, 2014 · Assembly

    Assembly Substitute Amendment 1 offered by Representatives Pasch, Wright, C. Taylor, Wachs, Doyle, Hesselbein, Shankland, Genrich, Sargent and Bernard Schaber

  14. Feb 18, 2014 · Assembly

    Assembly Substitute Amendment 1 laid on table, Ayes 58, Noes 38

  15. Feb 18, 2014 · Assembly

    Assembly Amendment 1 adopted

  16. Feb 18, 2014 · Assembly

    Ordered to a third reading

  17. Feb 18, 2014 · Assembly

    Rules suspended

  18. Feb 18, 2014 · Assembly

    Read a third time and passed

  19. Feb 18, 2014 · Assembly

    Representatives Petryk and Kulp added as coauthors

  20. Feb 18, 2014 · Assembly

    Ordered immediately messaged

  21. Feb 19, 2014 · Senate

    Received from Assembly

  22. Feb 19, 2014 · Senate

    Read first time and referred to committee on Health and Human Services

  23. Mar 6, 2014 · Senate

    Public hearing held

  24. Mar 7, 2014 · Senate

    Executive action taken

  25. Mar 7, 2014 · Senate

    Report concurrence recommended by Committee on Health and Human Services, Ayes 3, Noes 2

  26. Mar 7, 2014 · Senate

    Available for scheduling

  27. Mar 31, 2014 · Senate

    Placed on calendar 4-1-2014 pursuant to Senate Rule 18(1)

  28. Apr 1, 2014 · Senate

    Senate Substitute Amendment 1 offered by Senators Risser and Grothman

  29. Apr 1, 2014 · Senate

    Read a second time

  30. Apr 1, 2014 · Senate

    Senate Substitute Amendment 1 laid on table, Ayes 19, Noes 14

  31. Apr 1, 2014 · Senate

    Senate Amendment 1 offered by Senator Risser

  32. Apr 1, 2014 · Senate

    Senate Amendment 1 laid on table, Ayes 19, Noes 14

  33. Apr 1, 2014 · Senate

    Ordered to a third reading

  34. Apr 1, 2014 · Senate

    Refused to suspend rules, Ayes 20, Noes 13

  35. Apr 1, 2014 · Senate

    Rules suspended

  36. Apr 1, 2014 · Senate

    Read a third time and concurred in, Ayes 19, Noes 14

  37. Apr 1, 2014 · Senate

    Ordered immediately messaged

  38. Apr 2, 2014 · Assembly

    Received from Senate concurred in

  39. Apr 4, 2014 · Assembly

    Report correctly enrolled on 4-4-2014

  40. Apr 7, 2014 · Assembly

    Presented to the Governor on 4-7-2014

  41. Apr 8, 2014 · Assembly

    Report approved by the Governor on 4-8-2014. 2013 Wisconsin Act 242

  42. Apr 8, 2014 · Assembly

    Published 4-9-2014