S0379B0302A02422 VDL:JB 06/20/13 #90 A02422







Printer's No. 302


1Amend Bill, page 1, lines 1 through 11, by striking out all
2of lines 1 through 10 and "repealing existing laws," adding 
3provisions" in line 11 and inserting

4 Providing for benevolent gestures

5Amend Bill, page 1, lines 12 through 14, by striking out "; 
6and further" in line 12, all of line 13 and "provisions" in line

8Amend Bill, page 1, lines 17 through 23; pages 2 and 3, lines
91 through 30; page 4, lines 1 through 20, by striking out all of
10said lines on said pages and inserting

11Section 1. Short title.

12This act shall be known and may be cited as the Benevolent
13Gesture Medical Professional Liability Act.

14Section 2. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Assisted living residence." As defined in section 1001 of
19the act of June 13, 1967 (P.L.31, No.21), known as the Public
20Welfare Code.

21"Benevolent gesture." Any action, conduct, statement or
22gesture that conveys a sense of apology, condolence,
23explanation, compassion or commiseration emanating from humane

25"Health care provider." A primary health care center; a
26personal care home licensed by the Department of Public Welfare
27under the act of June 13, 1967 (P.L.31, No.21), known as the
28Public Welfare Code; a person, including a corporation,
29university or other educational institution licensed or approved
30by the Commonwealth to provide health care or professional
31medical services as a physician, certified nurse midwife,
32podiatrist, hospital, nursing home or birth center; or an

1officer, employee or agent of any of them acting in the course
2and scope of employment.

3"Relative." A patient's spouse, parent, stepparent,
4grandparent, child, stepchild, grandchild, brother, sister,
5half-brother, half-sister or spouse's parent or any person who
6has a family-type relationship with a patient.

7"Representative." Any legal guardian, attorney, agent
8designated to make medical decisions under a power of attorney
9over health care matters, health care representative who is
10authorized to make health care decisions for a principal under
11applicable law, surrogate designated in an advance directive for
12health care or person recognized in law or custom as a patient's

14Section 3. Benevolent gesture by health care provider, assisted
15living residence or ostensible agent.

16(a) Scope.--This section applies to any benevolent gesture
17made prior to the commencement of a medical professional
18liability action, administrative action, mediation or

20(1) by a health care provider or an officer, employee or
21agent of a health care provider, to a patient or resident or
22the patient's or resident's relative or representative
23regarding the patient's or resident's discomfort, pain,
24suffering, injury or death, regardless of the cause,
25resulting from any treatment, consultation, care or service
26or omission of treatment, consultation, care or service
27provided by the health care provider, assisted living
28residence or its employees, agents or contractors; or

29(2) by an assisted living residence or an officer,
30employee or agent of an assisted living residence to a
31patient or resident or the patient's or resident's relative
32or representative regarding the patient's or resident's
33discomfort, pain, suffering, injury or death, regardless of
34the cause, resulting from any treatment, consultation, care
35or service or omission of treatment, consultation, care or
36service provided by the health care provider, assisted living
37residence or its employees, agents or contractors.

38(b) Admissibility.--

39(1) Except as set forth in paragraph (2), any benevolent
40gesture described in subsection (a) shall be inadmissible as
41evidence of liability.

42(2) Notwithstanding any other provision of this act
43relating to benevolent gestures, paragraph (1) shall not
44apply to a communication, including an excited utterance,
45which also includes a statement or statements of negligence
46or fault pertaining to an accident or event.

47(c) Applicability.--This section shall apply to actions 
48commenced after the effective date of this section.

49Section 20. Effective date.

50This act shall take effect in 60 days.


See A02422 in
the context
of SB0379