2025 -- S 0066

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LC000273

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

EVIDENCE

     Introduced By: Senators Lauria, Euer, Zurier, McKenney, LaMountain, Bissaillon,
Pearson, Vargas, and Tikoian

     Date Introduced: January 23, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by

adding thereto the following section:

     9-19-45. Statements or conduct expressing apology, regret, condolence by health care

provider -- Admissibility.

     (a) For the purposes of this section, the following words shall have the following meanings:

     (1) "Healthcare facility" means any institutional health service provider licensed pursuant

to the provisions of chapter 17 of title 23.

     (2) "Healthcare provider" or "provider" shall have the same meaning as the meaning

contained in § 5-37.3-3.

     (3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild,

brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents,

whether by whole or half blood, adoption or marriage.

     (4) "Representative" means a legal guardian, attorney, health care representative or any

person recognized in law or custom as a patient's agent.

     (5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that

differs from an expected result of such medical treatment or procedure.

     (b) In any claim, complaint or civil action brought against a healthcare facility or provider

by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration

proceeding or other method of alternative dispute resolution that relates to the claim, complaint or

civil action, and in any judicial or administrative proceeding against a healthcare facility or

provider, the following shall be inadmissible as evidence of an admission of liability or as evidence

of an admission against interest:

     (1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing

apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general

sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or

agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of

the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as

a result of the unanticipated outcome.

     (2) This section shall not apply to a statement of fault, liability, negligence, or culpable

conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or

conduct described in subsection (b)(1) of this section, and only the expression of apology,

benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of

concern made under subsection (b)(1) of this section is inadmissible.

     (3) Any statement, affirmation, gesture, writing, activity, or conduct described in

subsection (b)(1) of this section is admissible for any other purpose.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

EVIDENCE

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     This act would provide that statements by a healthcare provider to a patient or to the

patient's relative or representative regarding the unanticipated outcome of such patient's medical

care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as

evidence of an admission of liability or as evidence of an admission against interest in any claim

or action against the provider.

     This act would take effect upon passage.

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