AN ACT Relating to advisory panels in personal injury actions; and adding a new section to chapter 7.70 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 7.70 RCW to read as follows:

(1) In an action for damages due to personal injury or death resulting from the provision of professional services by a health care provider as defined in RCW 7.70.020, the court in which the action is filed shall, within twenty days of the filing of the answer, refer the case to a medical liability review panel appointed by the court.

(2) A panel shall consist of three persons selected in the following manner:

(a) One member shall be an attorney licensed to practice law in this state and, to the extent practicable, practicing in the field of personal injury liability. The court shall select the attorney member from a list of attorneys practicing in the county in which the court is located provided by the Washington State Bar Association. The attorney member shall chair the panel.

(b) One member chosen in the following manner:

(i) If the defendant is a health care provider as defined in RCW 7.70.020 (1) or (2), one health care provider as so defined engaged in the same field of health care as the defendant;

(ii) If the defendant is a health care provider as defined in RCW 7.70.020(3), one physician licensed under chapter 18.71 RCW;

(iii) In the case of multiple defendants, if all are engaged in the same field of health care and are health care providers as defined in RCW 7.70.020 (1) or (2), one health care provider as so defined engaged in the same field of health care;

(iv) In all other cases of multiple defendants, one physician licensed under chapter 18.71 RCW.

Each body authorized by state law to license a health care provider as defined in RCW 7.70.020 shall make available on request to any district or superior court judge a list of the names and addresses of all persons currently holding a valid license issued under its authority.

(c) One member shall be an adult resident of the state who is neither an attorney nor a health care provider. The clerk of each superior court shall compile a list of the names and addresses of persons residing in the county in which the court is located who are willing to serve on a panel. The clerk shall make this list available on request to any district or superior court judge within the county.

(3) A panel shall determine, for each claim in any case referred to it, whether the information before it supports a judgment for the plaintiff or for the defendant. A panel shall provide this determination in writing to the parties within thirty days after a case has been referred to it. At this time a panel shall also provide the parties, in writing, with its observations and evaluation of the case, indicating whether any claims appear to be frivolous, meritorious, or of any other particular description.

(4) In reaching its determinations and evaluations, a panel may:

(a) Issue subpoenas to compel the attendance of witnesses;

(b) Examine witnesses under oath;

(d) Consult with specialists and learned works they consider appropriate;

(e) Compel the production of and examine all relevant hospital, medical, or other records or materials relating to the claim, subject to the physician-patient privilege; and

(f) Consider the complaint, answer, and any other papers filed with the court.

(5) The proceedings of a panel are closed to the public, although each party to a case under consideration may at a reasonable time set by the panel, appear before the panel to make a statement. No party, however, may present or examine witnesses without the unanimous consent of the panel. Parties or witnesses may not be represented by counsel in any proceedings before a panel. The rules of evidence and of civil procedure shall not apply in any such proceedings, although no person may be asked to testify in violation of any evidentiary privilege. A panel may, in its discretion, prepare a record or transcript of its proceedings at the county's cost. Any party may have the proceedings recorded or transcribed at the party's own cost.

(6) A court which has referred a case to a panel may make no rulings or take other action in such case until the panel has provided the parties with its determination and evaluation pursuant to subsection (3) of this section. The determination and evaluation shall be advisory only. Evidence that any proceeding was held before a panel, evidence of any determination, evaluation, or other conclusion or opinion by a panel, and evidence of any testimony or statement made to a panel shall not be admissible in the adjudication before any court of any claim considered in such proceeding before a panel.

(7) No member of any panel may be liable in damages for libel, slander, or defamation of character for any action taken by such member acting in good faith and in official capacity as a member of the panel.

(8) Each panel member shall receive reimbursement for subsistence, lodging, and travel in accordance with the rates applicable to state officers under RCW 43.03.050 and 43.03.060. Each panel member shall receive compensation of fifty dollars per day under the conditions prescribed for class three groups by RCW 43.03.240.

(9) Any witness compelled to appear before a panel shall be paid the fees prescribed in chapter 2.40 RCW. The payments authorized in this section are the obligation of the county in which the court appointing the panel is located.