THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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.