|
H.B. No. 0078 |
Certificate of review. |
Sponsored By: Representative(s)
Ross and Simpson
AN
ACT relating to civil actions; requiring a certificate of review before filing
a civil action against a licensed or certified professional as specified;
providing for applicability; and providing for an effective date.
01/27/2004 Bill Number Assigned
02/09/2004 H Received for Introduction
02/12/2004 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Baker, Berger, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks,
Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert,
Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen,
Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Miller,
D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Prosser, Reese,
Robinson, Ross, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger
and Wostenberg.
Nays: Representative(s) Bagby and Powers.
Excused:
Representative(s) Tipton
Conflicts:
Representative(s) Meyer
Ayes
56 Nays 2 Excused 1 Absent
0 Conflicts 1
02/19/2004 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Buchanan, Landon, Olsen, Petersen, Reese and Simpson
Ayes
9 Nays 0 Excused 0 Absent
0 Conflicts 0
02/19/2004 H Placed on General File
02/20/2004 H Amendments Adopted
HB0078HS001/ADOPTED
Page 4-line 7 After
"professional" insert ", other than a health care
provider".
Page 4-After line 12 Insert:
"(g) In an action
alleging professional negligence of a health care provider, the certificate of
review shall declare that the person consulted is a licensed health care
provider who can demonstrate by competent evidence that, as a result of
training, education, knowledge and experience in the evaluation, diagnosis and
treatment of the disease or injury which is the subject matter of the action or
proceeding against the health care provider, he is substantially familiar with
applicable standards of care and practice as they relate to the negligent
conduct alleged.".
Page 4-line 14 Delete "(g)"
insert "(h)".
Page 4-line 15 Delete "may"
insert ", absent a showing of
good cause, shall.".
Page 4-After line 18 Insert:
"(j) For purposes of
this section, "health care provider" means a person who, in
accordance with law or a license granted by a state agency, provides health
care, including a physician, dentist, nurse, podiatrist, pharmacist,
chiropractor, optometrist or health care facility.". SIMPSON, CHAIRMAN
02/20/2004 H Passed CoW
02/23/2004 H Passed 2nd Reading
02/24/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards,
Esquibel, Gilmore, Hageman, Hastert, Hinckley, Illoway, Johnson, L., Johnson,
W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey,
McOmie, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen,
Philp, Powers, Prosser, Ross, Semlek, Simpson, Slater, Thompson, Walsh,
Wasserburger and Wostenberg.
Excused:
Representative(s) Berger, Brechtel, Gentile, Harshman, Harvey, Iekel,
Jansen, Meuli, Reese, Robinson, Tipton and Warren.
Ayes
48 Nays 0 Excused 12 Absent
0 Conflicts 0
02/25/2004 S Received for Introduction
02/25/2004 S Introduced and Referred to S01
03/5/2004 Died In Committee