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HOUSE BILL No. 1260

Citations Affected: IC 34-6-2; IC 34-30-14.5-3.

Synopsis: Health care provider civil proceedings. Provides that certain actions of a health care provider are inadmissible as evidence in a civil proceeding against the health care provider.

Effective: July 1, 2006.

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Koch

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    January 10, 2006, read first time and referred to Committee on Judiciary.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

SOURCE: IC 34-6-2-54; (06)IN1260.1.1. -->     SECTION 1. IC 34-6-2-54 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 54. (a) "Health care provider", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-14.
    (b) "Health care provider", for purposes of IC 34-30-12.5, has the meaning set forth in IC 34-30-12.5-2.
     (c) "Health care provider", for purposes of IC 34-30-14.5-3, means an individual or entity that is licensed or certified by the state to provide health care services (as defined in IC 27-8-11-1).

SOURCE: IC 34-6-2-129.5; (06)IN1260.1.2. -->     SECTION 2. IC 34-6-2-129.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 129.5. "Relative", for purposes of IC 34-30-14.5-3, means any of the following, by birth or adoption:
        (1) Spouse.
        (2) Parent.
        (3) Grandparent.

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        (4) Stepparent.
        (5) Child.
        (6) Grandchild.
        (7) Sibling.
        (8) Half-sibling.
        (9) Parent-in-law.

SOURCE: IC 34-6-2-130; (06)IN1260.1.3. -->     SECTION 3. IC 34-6-2-130 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 130. (a) "Representative", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-25.
     (b) "Representative", for purposes of IC 34-30-14.5-3, means the following:
        (1) A health care representative appointed under IC 16-36-1.
        (2) An attorney in fact under a power of attorney executed under IC 30-5-4.
        (3) A guardian appointed by the court under IC 29-3.
        (4) Another individual recognized by law or custom as an individual's agent.

SOURCE: IC 34-6-2-144.7; (06)IN1260.1.4. -->     SECTION 4. IC 34-6-2-144.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 144.7. "Unanticipated outcome", for purposes of IC 34-30-14.5-3, means the outcome of a medical treatment or procedure that differs from an expected result.
    SECTION 5. IC 34-30-14.5-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. In:
        (1) a civil action brought by an alleged victim of an unanticipated outcome; or
        (2) an arbitration proceeding related to a civil action described in subdivision (1);
a statement, affirmation, gesture, or other conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence that is made by a health care provider or an employee of a health care provider to the alleged victim or a relative or representative of the alleged victim and that relates to the discomfort, pain, suffering, injury, or death of the alleged victim resulting from the unanticipated outcome is inadmissible as evidence of an admission of liability or an admission against interest.