House Rules panel sends SB 1173A to floor after brief debate on product-liability exemption for health care providers
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Summary
Senate Bill 1173A, moved to the House floor June 27 by the House Committee on Rules, would exempt hospitals, hospital‑affiliated clinics, professional corporations practicing medicine and certain residential care entities from product‑liability civil claims for products they did not design or manufacture and clarifies physician liability when a "
SALEM — The House Committee on Rules voted June 27 to send Senate Bill 1173A to the House floor with a due-pass recommendation. The measure would exempt specified health-care entities from product-liability civil claims for products provided to patients so long as the facility or entity did not manufacture or design the product or offer it for sale to the public.
Committee staff summarized the measure for members, noting that it also clarifies that a physician is exempt from product-liability liability when providing a product "as part of health-care services" rather than during a medical procedure. Staff reported the bill would take effect on the 91st day following adjournment of the legislative session and would apply to civil actions commenced on or after that date; the fiscal-impact statement filed with OLIS described the measure as having a minimal fiscal and revenue impact.
Discussion in the committee was brief. A member said during floor debate preparation they were not prepared to support the bill because of questions about what counts as "selling" a product — for example, whether a hospital that charges above wholesale for a medication provided to a patient is treated as having "sold" that product. That member said the answer given by a hospital representative did not resolve the concern.
After limited discussion, Vice Chair Pham moved the bill to the floor with a due-pass recommendation. The motion passed on a committee roll call; Representative Cyrus Javidy was named to carry the measure on the floor.
If enacted, the bill would change the state civil-liability standard in the limited circumstances described in the text: the exemption applies only where an entity did not manufacture or design the product and did not offer it for sale to the public. The committee record and staff summary indicate the measure is intended to protect health-care providers that supply products to patients in the course of care when the provider is not the product's manufacturer or designer.
The committee did not adopt amendments during its work session; the measure now proceeds to the House floor for further consideration.