1. A statement, affirmation, gesture, or conduct of a health care provider, or health care
provider's employee or agent, which expresses apology, sympathy, commiseration,
condolence, compassion, or benevolence to a patient or to a patient's relative or
representative is not admissible as evidence of liability or as an admission against
interest in a civil action, arbitration proceeding, or administrative hearing regarding the
health care provider.
2. For purposes of this section, unless the context otherwise requires:
a. "Health care provider" means:
(1)An individual licensed or certified by the state to deliver health care;
(2)A hospital or clinic, including an ambulatory surgery center or group of
physicians operating a clinic or outpatient care facility, or a professional
corporation
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1. A statement, affirmation, gesture, or conduct of a health care provider, or health care
provider's employee or agent, which expresses apology, sympathy, commiseration,
condolence, compassion, or benevolence to a patient or to a patient's relative or
representative is not admissible as evidence of liability or as an admission against
interest in a civil action, arbitration proceeding, or administrative hearing regarding the
health care provider.
2. For purposes of this section, unless the context otherwise requires:
a. "Health care provider" means:
(1) An individual licensed or certified by the state to deliver health care;
(2) A hospital or clinic, including an ambulatory surgery center or group of
physicians operating a clinic or outpatient care facility, or a professional
corporation or other professional entity comprised of such health care
providers as permitted by the laws of this state; and
(3) A nursing, basic, or assisted living facility licensed by this state or by any
other health care organization.
b. "Relative" means an individual who has a relationship to the patient by marriage,
blood, or adoption.
c. "Representative" means a legal guardian, attorney, person designated to make
decisions on behalf of a patient under a health care directive, or any person
recognized in law or custom as a patient's agent.