BILL REQ. #:  H-2293.1 

READ FIRST TIME 03/02/05.   

     AN ACT Relating to expert witnesses in actions 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 unless the expert meets the following criteria:
     (a) Has expertise in the medical condition at issue in the action; and
     (b) At the time of the occurrence of the incident at issue in the action, or at the time of retirement in the case of an expert who retired no sooner than five years prior to the time the action is commenced, was either:
     (i) Engaged in active practice in the same or similar 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 or similar 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 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 admissible evidence, such as, but not limited to, treatment or practice protocols or guidelines developed by medical specialty organizations, objective academic research, clinical trials or studies, or widely accepted clinical practices.