5728-SAMSRASMS2494.1SSB 5728S AMD161By Senators Rasmussen, HargroveADOPTED 03/14/2003 Beginning on page 7, line 32, strike all of section 404 and insertthe following:Sec. RCW 7.70.100 and 1993 c 492 s 419 are each amended toread as follows: (1) No action based upon a health care provider's professionalnegligence may be commenced unless the defendant has been given atleast ninety days' notice of the intention to commence the action. Ifthe notice is served within ninety days of the expiration of theapplicable statute of limitations, the time for the commencement of theaction must be extended ninety days from the service of the notice. (2) The provisions of subsection (1) of this section are notapplicable with respect to any defendant whose name is unknown to theplaintiff at the time of filing the complaint and who is identifiedtherein by a fictitious name. (3) After the filing of the ninetyday presuit notice, and beforea superior court trial, all causes of action, whether based in tort,contract, or otherwise, for damages arising from injury occurring as aresult of health care provided after July 1, 1993, shall be subject tomandatory mediation prior to trial. (2) The supreme court shall by rule adopt procedures to implementmandatory mediation of actions under this chapter. The rules shallrequire mandatory mediation without exception and address, at aminimum: (a) Procedures for the appointment of, and qualifications of,mediators. A mediator shall have experience or expertise related toactions arising from injury occurring as a result of health care, andbe a member of the state bar association who has been admitted to thebar for a minimum of five years or who is a retired judge. The partiesmay stipulate to a nonlawyer mediator. The court may prescribeadditional qualifications of mediators; 1 (b) Appropriate limits on the amount or manner of compensation ofmediators; (c) The number of days following the filing of a claim under thischapter within which a mediator must be selected; (d) The method by which a mediator is selected. The rule shallprovide for designation of a mediator by the superior court if theparties are unable to agree upon a mediator; (e) The number of days following the selection of a mediator withinwhich a mediation conference must be held; (f) A means by which mediation of an action under this chapter maybe waived by a mediator who has determined that the claim is notappropriate for mediation; and (g) Any other matters deemed necessary by the court. (3) Mediators shall not impose discovery schedules upon theparties. (4) The supreme court shall by rule also adopt procedures for theparties to certify to the court the manner of mediation used by theparties to comply with this section.SSB 5728S AMD161By Senators Rasmussen, HargroveADOPTED 03/14/2003 On page 1, line 2 of the title, after 4.56.250, insert7.70.100, On page 1, line 5 of the title, strike adding a new section tochapter 4.28 RCW;--- END --- 2