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Senate rules panel advances bill limiting product‑liability suits against healthcare facilities
Summary
The Senate Committee on Rules voted to send SB 1173 to the floor with a due‑pass recommendation after adopting an amendment that extends product‑liability immunity to additional types of healthcare providers while preserving exceptions where facilities sell products to the public.
The Senate Committee on Rules on June 18 voted to advance Senate Bill 1173, which would shield certain health care facilities from product‑liability civil claims for products the facility did not manufacture or design.
Committee staff summarized the bill and a posted amendment, saying the bill “exempts a health care facility from product liability civil claim arising from a product provided to a patient so long as the facility did not manufacture or design the product,” and that the amendment “clarifies that a health care facility may be subject to a civil action for a product provided to a patient if the facility also offers it for sale to the public.” The staff summary also said the amendment extends the exemption to hospital‑affiliated clinics, professional corporations, foreign‑practicing medical providers and residential care facilities, and clarifies physician immunity and expected fiscal impacts.
Chair JAMA called for adoption of the dash‑2 amendment; a committee member moved adoption and the amendment passed on the roll call. The committee then moved the bill as amended to the floor with a due‑pass recommendation. One committee member said they would vote no on the final motion because of concerns about shifting liability onto patients; the motion to advance the bill nevertheless passed.
Discussion at the committee focused on the scope of the amendment and on the explicit exception for facilities that sell the product to the public. Committee staff told members the amendment “clarifies the scope of a physician's immunity from product liability” and that the fiscal and revenue impacts are minimal.
Formal action recorded in the hearing: the committee adopted the dash‑2 amendment and then voted to send SB 1173, as amended, to the full Senate with a due‑pass recommendation. The roll calls recorded multiple “aye” votes and one recorded “no” on the final due‑pass motion; one senator was recorded as excused.
The committee listed Senator Brososki as the likely floor carrier for the measure. The bill, as described in the committee, would take effect on the 90th day following adjournment and would apply to civil actions commenced on or after that effective date.
The committee closed its work session on SB 1173 and moved on to other bills.
