BILL REQ. #:  H-4229.1 

Read first time 01/21/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to expert witness qualifications in action under chapter 7.70 RCW; and adding new sections 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 against a health care provider under this chapter, an expert may not provide testimony at trial, or execute a certificate of merit if required under this chapter, unless the expert meets the following criteria:
     (a) Has recognized expertise in any area of practice or specialty at issue in the action, as demonstrated by devotion of a significant portion of his or her practice to the area of practice or specialty;
     (b) Was licensed as a health care provider in Washington at the time of the occurrence of the incident at issue in the action; and
     (c) At the time of the occurrence of the incident at issue in the action, was either:
     (i) Engaged in active practice in the same area of practice or specialty as the defendant; or
     (ii) Teaching at an accredited medical school or an accredited or affiliated academic or clinical training program in the same area of practice or specialty as the defendant, including instruction regarding the particular condition at issue.
     (2) Upon motion of a party, the court may waive the requirements of subsection (1) of this section and allow an expert who does not meet those requirements to testify at trial or execute any certificate of merit required under this chapter if the court finds that:
     (a) Extensive efforts were made by the party to locate an expert who meets the criteria under subsection (1) of this section, but none was willing and available to testify; and
     (b) The proposed expert is qualified to be an expert witness by virtue of the person's training, experience, and knowledge.

NEW SECTION.  Sec. 2   A new section is added to chapter 7.70 RCW to read as follows:
     An expert opinion provided in the course of an action against a health care provider under this chapter must be corroborated by objective evidence, such as, but not limited to, treatment or practice protocols or guidelines developed by medical specialty organizations, objective academic research, or clinical trials or studies.