NJ A1645

Apologies, expressions of sympathy, regret, condolence, or compassion made by health care facilities and professionals when disclosing adverse events to patients or their families would be protected from discovery and inadmissible as evidence in civil, criminal, or administrative proceedings

Protected apology statements could not be used in adverse employment actions or decisions related to accreditation, certification, credentialing, or licensing of the health care professional who made them

Statements expressing actual negligence or fault regarding the adverse event would remain subject to discovery and admissible in legal proceedings, preserving accountability for admitted wrongdoing

Health care facilities would retain the ability to discipline professionals who displayed recklessness, gross negligence, willful misconduct, or a pattern of substandard performance resulting in serious preventable adverse events

The bill applies to adverse events occurring on or after the effective date and amends the existing Patient Safety Act (P.L.2004, c.9)