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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 24, 2011

MEMBERS PRESENT:
    Rep. Kay McIff, Chair
                Rep. Francis Gibson, Vice Chair
                Rep. Jackie Biskupski
                Rep. Derek Brown
                Rep. LaVar Christensen
                Rep. Fred Cox
                Rep. Chris Herrod
                Rep. Eric Hutchings
                Rep. Ken Ivory
                Rep. Brian King
                Rep. Paul Ray
                Rep. Mark A. Wheatley
                Rep. Brad Wilson
        
STAFF PRESENT:        Jerry D. Howe, Policy Analyst
                Linda Black, Committee Secretary

    

NOTE:    A list of visitors and a copy of handouts are filed with the committee minutes.


Rep. McIff called the meeting to order at 8:10 p.m.

MOTION:    Rep. Cox moved to approve the minutes of February 22. The motion passed unanimously, with Rep. Biskupski, Rep. Herrod, Rep. Hutchings, Rep. Ray,
        Rep. Wheatley, and Rep. Wilson absent for the vote.

H.J.R. 38    Joint Resolution to Amend Rule of Evidence (Rep. J. Dunnigan)

MOTION:    Rep Herrod moved to amend the resolution as follows:


1.    Page 2, Lines 28 through 30 :    

             28          (b) Evidence of unsworn statements, affirmations, gestures, or conduct
  made to a patient or a person associated with the patient by a defendant       that expresses

             29      the following is not admissible in a malpractice action against a health care provider or an
             30      employee of a health care provider to prove liability for an injury:

2.    Page 2, Lines 43 through 47 :    

             43          The intent and purpose of amending the rule with paragraph (b) is to encourage
             44      expressions of apology, empathy, and condolence and the disclosure of facts and circumstances
             45      related to unanticipated outcomes in the provision of health care in an effort to facilitate the
             46      timely and satisfactory resolution of patient concerns arising from unanticipated outcomes

in
             47      the provision of health care.

  Patient records are not statements made to patients, and therefore are not inadmissible under this rule.       "


Rep. Dunnigan presented the resolution to the committee.

MOTION:    Rep. Cox moved to amend the bill as follows:


1.    Page 2, Line 47 :    

             47      the provision of health care.
  Patient records of statements made to patients are not admissible under this rule.       "


Rep. Cox withdrew the motion.

Spoke to the bill:    Michelle McComber, CEO, Utah Medical Association
            Mark Brinton, General Counsel, Utah Medical Association
            Charlie Thronson, attorney, UAJ

MOTION:    Rep. Gibson moved to pass H.J.R. 38, as amended, with a favorable recommendation. The motion passed unanimously.

MOTION:    Rep. Biskupski moved to place H.J.R. 38 on the Consent Calendar. The motion passed unanimously.

H.B. 406    Access to Adoption Records (Rep. J. Biskupski)

At the request of the sponsor, the bill was not heard.

H.B. 425    Offender DNA Fees (Rep. B. Wilson)

At the request of the sponsor, the bill was not heard.

H.B. 376    Small Claims Court Jurisdiction (Rep. R. Edwards)

At the request of the sponsor, the bill was not heard.

MOTION:    Rep. Brown moved to adjourn the meeting. The motion passed unanimously.

Rep. McIff adjourned the meeting at 9:30 a.m.






    ___________________________________
                    Rep. Kay McIff, Chair