Certificate of review.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0440

SENATE FILE
NO.
SF0098

Certificate of review.

Sponsored by:
Senator(s) Ross and Representative(s) Simpson

A BILL

for

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.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 1
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131 is created to read:

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131.

Actions against licensed or certified professionals; certificate of review.

(a)

In every action for damages or indemnity based upon the alleged professional negligence of a licensed or certified professional, the plaintiff or complainant shall file with the court a certificate of review for each licensed or certified professional named as a party, as specified in subsection (d) of this section, within sixty (60) days after the service of the complaint, counterclaim or cross claim against the person unless the court determines that a longer period is necessary for good cause shown.

(b)

A certificate of review shall be filed with the court with respect to every action described in subsection (a) of this section against a company or firm that employed a person specified in subsection (a) of this section at the time of the alleged negligence, even if the person is not named as a party in the action.

(c)

In the event of failure to file a certificate of review in accordance with this section and if the licensed or certified professional defending the claim believes that an expert is necessary to prove the claim of professional negligence, the defense may move the court for an order requiring filing of the certificate. The court shall give priority to deciding the motion filed under this subsection, and in no event shall the court allow the case to be set for trial without a decision on the motion.

(d)

A certificate of review shall be executed by the plaintiff or complainant, or his attorney, if the plaintiff or complainant is represented by an attorney at the time of filing the certificate of review, declaring:

(i)

That the plaintiff or complainant, or his attorney, has consulted a person who has expertise in the area of the alleged negligent conduct; and

(ii)

That the professional who has been consulted under this subsection has reviewed the known facts, including the records, documents and other materials which the professional has found to be relevant to the allegations of negligent conduct and, based on the review of those facts, has concluded that the filing of the claim, counterclaim or cross claim has substantial justification, is not substantially groundless or vexatious and is not brought in bad faith.

(e)

The court, in its own discretion, may require the identity of the licensed or certified professional who was consulted pursuant to subsection (d) of this section to be disclosed to the court and may verify the content of the certificate of review. Unless the court orders otherwise, the plaintiff or complainant, or his attorney shall not be required to provide the identity of the consulting professional to the opposing party or parties in the civil action.

(f)

In an action alleging professional negligence of a licensed or certified professional, other than a health care provider, the certificate of review shall state that the professional consulted can demonstrate by competent evidence that, as a result of training, education, knowledge and experience, the consultant is competent to express an opinion as to the negligent conduct alleged.

(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.
(h)

The failure to file a certificate of review in accordance with this section, absent a showing of good cause, shall result in the dismissal of the complaint, counterclaim or cross claim. Nothing in this section shall apply to a proceeding in a small claims court.

(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.

Section 2.
This act shall apply to any action filed under W.S. 1
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131 on or after the effective date of this act.

Section 3.
This act is effective July 1, 2005.

(END)

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SF0098