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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0066 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000273 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- |
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| 16 | 16 | | EVIDENCE |
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| 17 | 17 | | Introduced By: Senators Lauria, Euer, Zurier, McKenney, LaMountain, Bissaillon, |
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| 18 | 18 | | Pearson, Vargas, and Tikoian |
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| 19 | 19 | | Date Introduced: January 23, 2025 |
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| 20 | 20 | | Referred To: Senate Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by 1 |
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| 25 | 25 | | adding thereto the following section: 2 |
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| 26 | 26 | | 9-19-45. Statements or conduct expressing apology, regret, condolence by health care 3 |
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| 27 | 27 | | provider -- Admissibility. 4 |
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| 28 | 28 | | (a) For the purposes of this section, the following words shall have the following meanings: 5 |
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| 29 | 29 | | (1) "Healthcare facility" means any institutional health service provider licensed pursuant 6 |
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| 30 | 30 | | to the provisions of chapter 17 of title 23. 7 |
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| 31 | 31 | | (2) "Healthcare provider" or "provider" shall have the same meaning as the meaning 8 |
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| 32 | 32 | | contained in ยง 5-37.3-3. 9 |
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| 33 | 33 | | (3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild, 10 |
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| 34 | 34 | | brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents, 11 |
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| 35 | 35 | | whether by whole or half blood, adoption or marriage. 12 |
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| 36 | 36 | | (4) "Representative" means a legal guardian, attorney, health care representative or any 13 |
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| 37 | 37 | | person recognized in law or custom as a patient's agent. 14 |
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| 38 | 38 | | (5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that 15 |
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| 39 | 39 | | differs from an expected result of such medical treatment or procedure. 16 |
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| 40 | 40 | | (b) In any claim, complaint or civil action brought against a healthcare facility or provider 17 |
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| 41 | 41 | | by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000273 - Page 2 of 3 |
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| 45 | 45 | | proceeding or other method of alternative dispute resolution that relates to the claim, complaint or 1 |
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| 46 | 46 | | civil action, and in any judicial or administrative proceeding against a healthcare facility or 2 |
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| 47 | 47 | | provider, the following shall be inadmissible as evidence of an admission of liability or as evidence 3 |
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| 48 | 48 | | of an admission against interest: 4 |
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| 49 | 49 | | (1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing 5 |
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| 50 | 50 | | apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general 6 |
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| 51 | 51 | | sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or 7 |
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| 52 | 52 | | agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of 8 |
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| 53 | 53 | | the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as 9 |
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| 54 | 54 | | a result of the unanticipated outcome. 10 |
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| 55 | 55 | | (2) This section shall not apply to a statement of fault, liability, negligence, or culpable 11 |
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| 56 | 56 | | conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or 12 |
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| 57 | 57 | | conduct described in subsection (b)(1) of this section, and only the expression of apology, 13 |
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| 58 | 58 | | benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of 14 |
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| 59 | 59 | | concern made under subsection (b)(1) of this section is inadmissible. 15 |
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| 60 | 60 | | (3) Any statement, affirmation, gesture, writing, activity, or conduct described in 16 |
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| 61 | 61 | | subsection (b)(1) of this section is admissible for any other purpose. 17 |
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| 62 | 62 | | SECTION 2. This act shall take effect upon passage. 18 |
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| 63 | 63 | | ======== |
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| 64 | 64 | | LC000273 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | |
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| 67 | 67 | | |
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| 68 | 68 | | LC000273 - Page 3 of 3 |
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| 69 | 69 | | EXPLANATION |
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| 70 | 70 | | BY THE LEGISLATIVE COUNCIL |
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| 71 | 71 | | OF |
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| 72 | 72 | | A N A C T |
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| 73 | 73 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALL Y -- |
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| 74 | 74 | | EVIDENCE |
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| 75 | 75 | | *** |
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| 76 | 76 | | This act would provide that statements by a healthcare provider to a patient or to the 1 |
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| 77 | 77 | | patient's relative or representative regarding the unanticipated outcome of such patient's medical 2 |
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| 78 | 78 | | care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as 3 |
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| 79 | 79 | | evidence of an admission of liability or as evidence of an admission against interest in any claim 4 |
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| 80 | 80 | | or action against the provider. 5 |
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| 81 | 81 | | This act would take effect upon passage. 6 |
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| 82 | 82 | | ======== |
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| 83 | 83 | | LC000273 |
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| 84 | 84 | | ======== |
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