2011S0191-1 01/24/11
By: Scott H.B. No. 2489
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.