| Passed by the House March 5, 2012 Yeas 98 ________________________________________ Speaker of the House of Representatives Passed by the Senate March 2, 2012 Yeas 49 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2308 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Judiciary.
AN ACT Relating to awarding of costs, including attorneys' fees, in actions challenging actions taken by professional peer review bodies; amending RCW 7.71.030; and adding a new section to chapter 7.71 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 7.71.030 and 1987 c 269 s 3 are each amended to read
as follows:
(1) This section shall provide the exclusive remedy for any action
taken by a professional peer review body of health care providers as
defined in RCW 7.70.020, that is found to be based on matters not
related to the competence or professional conduct of a health care
provider.
(2) Actions shall be limited to appropriate injunctive relief, and
damages shall be allowed only for lost earnings directly attributable
to the action taken by the professional peer review body, incurred
between the date of such action and the date the action is functionally
reversed by the professional peer review body.
(3) Reasonable attorneys' fees and costs ((as approved by the
court)) shall be awarded ((to the prevailing party, if any, as
determined)) if approved by the court under section 2 of this act.
(4) The statute of limitations for actions under this section shall
be one year from the date of the action of the professional peer review
body.
NEW SECTION. Sec. 2 A new section is added to chapter 7.71 RCW
to read as follows:
(1) Except as provided for in subsection (2) of this section, at
the conclusion of an action under RCW 7.71.030 the court shall award to
the substantially prevailing party the costs of the suit attributable
to any claim or defense asserted in the action by the nonprevailing
party, including reasonable attorneys' fees, if the nonprevailing
party's claim, defense, or conduct was frivolous, unreasonable, without
foundation, or in bad faith.
(2) At the conclusion of an action under RCW 7.71.030 the court
shall award to the substantially prevailing defendant the cost of the
suit, including reasonable attorneys' fees, if the nonprevailing
plaintiff failed to first exhaust all administrative remedies available
before the professional peer review body.
(3) A party shall not be considered to have substantially prevailed
if the opposing party obtains an award for damages or permanent
injunctive relief under this chapter.