BILL REQ. #:  S-1516.3 

READ FIRST TIME 02/27/07.   

     AN ACT Relating to disciplinary actions involving health professionals; and amending RCW 18.130.100.

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

Sec. 1   RCW 18.130.100 and 1989 c 175 s 69 are each amended to read as follows:
     (1) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the Administrative Procedure Act, govern all hearings before the disciplining authority. The disciplining authority has, in addition to the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the issuance and enforcing of subpoenas, and the taking of depositions.
     (2) With respect to the use of expert testimony in a hearing on charges:
     (a) Each party may designate, identify, or call to testify at hearing no more than one expert witness on any issue presented.
     (b) No expert testimony shall be permitted by any party unless the following information is exchanged in written form with counsel for the other party:
     (i) A curriculum vitae setting forth the qualifications of the expert.
     (ii) A brief narrative statement of the general substance of the testimony that the expert is expected to give, including any opinion testimony and its basis.
     (iii) A representation that the expert has agreed to testify at the hearing.
     (iv) A statement of the expert's hourly and daily fee for providing testimony and for consulting with the party who retained his or her services.
     (3) The exchange of the information described in subsection (2) of this section shall be completed at least seven calendar days prior to the scheduled prehearing conference. In the event no prehearing conference has been scheduled, the exchange shall be completed at least thirty calendar days prior to the scheduled start date of the hearing.
     (4) The uniform procedural rules adopted by all disciplining authorities in accordance with RCW 18.130.095 may include further regulations governing the required exchange of the information described in this section.