Legislature(2013 - 2014)
2014-04-11 House Journal
Full Journal pdf2014-04-11 House Journal Page 2368 HB 250 The following, which was advanced to third reading from the April 10, 2014, calendar (page 2334), was read the third time: CS FOR HOUSE BILL NO. 250(HSS) "An Act making an expression of apology, responsibility, sympathy, commiseration, compassion, or benevolence by a health care provider inadmissible in a medical malpractice case; requiring a health care provider to advise a patient or the patient's legal representative to seek legal advice before making an 2014-04-11 House Journal Page 2369 agreement with the patient to correct an unanticipated outcome of medical treatment or care; and amending Rules 402, 407, 408, 409, and 801, Alaska Rules of Evidence." Representative Olson moved and asked unanimous consent that CSHB 250(HSS) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Olson, Gara, and Munoz: Page 1, line 1 (title amendment): Delete "responsibility," Page 1, line 12: Delete "responsibility," Page 2, line 18: Delete "responsibility," Page 2, line 21: Delete "responsibility," Page 3, line 14: Delete "responsibility," Representative Olson moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted, and the new title follows: CS FOR HOUSE BILL NO. 250(HSS) am "An Act making an expression of apology, sympathy, commiseration, compassion, or benevolence by a health care provider inadmissible in a medical malpractice case; requiring a health care provider to advise a patient or the patient's legal representative to seek legal advice before making an agreement with the patient to correct an unanticipated outcome of medical 2014-04-11 House Journal Page 2370 treatment or care; and amending Rules 402, 407, 408, 409, and 801, Alaska Rules of Evidence." The question being: "Shall CSHB 250(HSS) am pass the House?" The roll was taken with the following result: CSHB 250(HSS) am Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Isaacson, Johnson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, T.Wilson Excused: Higgins, Holmes, Millett Absent: Reinbold, Tarr, P.Wilson And so, CSHB 250(HSS) am passed the House. Representative Pruitt moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Olson gave notice of reconsideration of the vote on CSHB 250(HSS) am. HB 250 Representative Olson moved and asked unanimous consent that reconsideration of CSHB 250(HSS) am be taken up on the same day. There being no objection, it was so ordered. CSHB 250(HSS) am was before the House in third reading. The question to be reconsidered: "Shall CSHB 250(HSS) am pass the House?" The roll was taken with the following result: 2014-04-11 House Journal Page 2371 CSHB 250(HSS) am Third Reading Final Passage Reconsideration YEAS: 33 NAYS: 0 EXCUSED: 3 ABSENT: 4 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron, Hughes, Isaacson, Josephson, Kawasaki, Keller, Kito III, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Saddler, Seaton, Stoltze, Thompson, Tuck, T.Wilson Excused: Higgins, Holmes, Millett Absent: Johnson, Reinbold, Tarr, P.Wilson And so, CSHB 250(HSS) am passed the House on reconsideration. Representative Pruitt moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSHB 250(HSS) am was referred to the Chief Clerk for engrossment.