Bill Text: PA HB1843 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for benevolent gesture or admission by health care provider.

Spectrum: Moderate Partisan Bill (Republican 30-6)

Status: (Introduced - Dead) 2009-07-10 - Referred to JUDICIARY [HB1843 Detail]

Download: Pennsylvania-2009-HB1843-Introduced.html

---

PRINTER'S NO. 2424
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1843 Session of2009
INTRODUCED BY GILLESPIE, BENNINGHOFF, BEYER, BOYD, CAUSER, CREIGHTON, CUTLER, DALEY, EVERETT, FLECK, GEIST, GRELL, GROVE, HALUSKA, HARRIS, HENNESSEY, HICKERNELL, HORNAMAN, HUTCHINSON, JOSEPHS, KAUFFMAN, KILLION, MANDERINO, MANN, MILLER, MOUL, PICKETT, PYLE, QUINN, REICHLEY, SAYLOR, SONNEY, STERN, TURZAI, VULAKOVICH AND WATSON, JULY 10, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JULY 10, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for benevolent
gesture or admission by health care provider.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6145. Benevolent gesture or admission by health care
provider.
(a) General rule.--In any medical professional liability
action, any benevolent gesture or admission of fault made by a
health care provider to a patient, or the patient's relative or
representative, regarding the patient's discomfort, pain,
suffering, injury or death resulting from a medical encounter,
treatment or procedure shall be inadmissible as evidence of
liability or as an admission against interest if such gesture or
admission was made prior to the commencement of the action.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Benevolent gesture." Any action that conveys a sense of
compassion or commiseration emanating from humane impulses.
"Health care provider." As defined by section 103 of the act
of March 20, 2002 (P.L.154, No.13), known as the Medical Care
Availability and Reduction of Error (Mcare) Act.
"Medical professional liability action." As defined by
section 103 of the act of March 20, 2002 (P.L.154, No.13), known
as the Medical Care Availability and Reduction of Error (Mcare)
Act.
"Relative." A patient's spouse, parent, stepparent,
grandparent, child, stepchild, grandchild, brother, sister,
half-brother, half-sister, spouse's parents or any person who
has a family-type relationship with a patient.
"Representative." A legal guardian, attorney, an agent
designated to make medical decisions under a power of attorney
over health care matters or a surrogate designated in an advance
directive for health care or any person recognized in law or
custom as a patient's agent.
Section 2. The addition of 42 Pa.C.S. § 6145 shall apply to
actions pending on or commencing after the effective date of
this section.
Section 3. This act shall take effect in 60 days.
20090HB1843PN2424 - 2 -