SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PRATT (Sponsor) AND YATES (Co-sponsor).
Read 1st time March 9, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 491, RSMo, by adding thereto one new section relating to expert witnesses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 491, RSMo, is amended by adding thereto one new section, to be known as section 491.305, to read as follows:
491.305. 1. In any action against a physician for damages for personal injury or death arising out of the rendering of or the failure to render health care services, a person may qualify as an expert witness on the issue of the appropriate medical standard of care only if the person:
(1) Is licensed as a physician in this state, or some other state;
(2) Is certified by a board recognized by the American Board of Medical Specialties or the American Board of Osteopathic Specialties in a specialty directly related to the particular health care matter at issue; and
(3) Was, within one year of the date of the alleged occurrence giving rise to the claim, actively engaged in the clinical practice of medicine and devoting at least three-fourths of the person's professional time to active clinical practice of the same or substantially similar specialty as the defendant. The court shall not permit an expert in one medical specialty to testify in an action against a physician in another medical specialty unless the expert shows both that the standards of care and practice in the two specialties are substantially similar and that the expert has substantial familiarity between the specialties.
2. A physician who is licensed in another state and who testifies as an expert witness in this state in any action against a physician for damages for personal injury or death arising out of the rendering of or the failure to render health care services, shall be deemed to have a temporary license to practice medicine in this state for the purpose of providing such testimony and shall be subject to the authority of the board of registration for the healing arts and the provisions of chapter 334, RSMo.
3. In any action against a physician for damages for personal injury or death arising out of the rendering of or the failure to render health care services, evidence shall not be admissible in court that:
(1) Has been obtained under an agreement with a third party who receives a contingency fee for doing any of the following:
(a) Providing a medical expert for review of medical injury claims;
(b) Locating medical expert witnesses; or
(c) Arranging the provision of medical expert testimony; or
(2) Is provided by a medical expert witness who has agreed to provide medical testimony on a contingency fee basis.
4. It shall be considered unprofessional conduct within the meaning of section 334.100, RSMo, when a medical expert witness:
(1) Provides expert medical testimony on a contingency fee basis; or
(2) Knowingly provides expert medical testimony that such expert knows or reasonably should have known is false, fraudulent, misleading, or without medical foundation.
5. Nothing in this section shall be construed to limit a physician from testifying as a medical expert witness on his or her own behalf in any action against such physician for damages for personal injury or death arising out of the rendering of or failure to render health care services.
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