Text: HF02516 Text: HF02518 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 22.7, Code Supplement 1999, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 39. All documents in professional
1 4 liability cases subject to sections 668.11 and 668.11A, prior
1 5 to completion of the certification process required by section
1 6 668.11.
1 7 Sec. 2. Section 668.11, Code 1999, is amended by adding
1 8 the following new subsection before subsection 1:
1 9 NEW SUBSECTION. 0A. For purposes of this section and
1 10 section 668.11A, "licensed professional" means a professional
1 11 registered, certified, or licensed, and admitted to practice a
1 12 profession under the laws of this state pursuant to any of the
1 13 following: chapters 148, 148C, 150, 150A, 152, 152B, 155A,
1 14 169, 542B, 542C, 544A, and 602;
1 15 Sec. 3. NEW SECTION. 668.11A CONFIDENTIALITY IN
1 16 PROFESSIONAL LIABILITY CASES.
1 17 1. Unless a court having jurisdiction determines that the
1 18 potential for unfair prejudice to any party is outweighed by
1 19 the public's interest in timely disclosure and open
1 20 proceedings, all filings in professional liability cases
1 21 subject to the time period limitations for expert witness
1 22 certification in section 668.11 shall be confidential, shall
1 23 not be inspected by the public, and shall not be disclosed to
1 24 the public, until the plaintiff's expert witness or witnesses
1 25 have been certified. This requirement does not apply to the
1 26 service of documents and pleadings between parties to the
1 27 action, and does not limit the use of documents and pleadings
1 28 related to the case by attorneys, the attorneys' staff,
1 29 parties, potential witnesses in the case, and court personnel
1 30 administering such files and cases.
1 31 2. Pleadings, court notices, orders, and postings related
1 32 to professional liability cases shall not contain the full,
1 33 real names of professional liability defendants, until the
1 34 plaintiff's expert witness or witnesses have been certified as
1 35 required by section 668.11. The court shall enact rules
2 1 relating to the designation of professional liability
2 2 defendants in such documents.
2 3 3. Hearings in the case held prior to completion of the
2 4 certification process required by section 668.11 shall be
2 5 closed to the public.
2 6 4. Parties to professional liability proceedings may be
2 7 punished for contempt of court for violation of this section.
2 8 5. This section shall not prohibit any party from seeking
2 9 or soliciting the joinder of third parties or additional
2 10 counsel or experts in support of that party's position in the
2 11 case.
2 12 EXPLANATION
2 13 This bill requires that professional liability cases be
2 14 treated confidentially by the parties and the court, until the
2 15 certification of expert witnesses pursuant to Code section
2 16 668.11 is complete. The bill provides that professional
2 17 liability defendants will not be designated by their full,
2 18 real names on any documents related to the case, and that
2 19 hearing in the case shall be closed to the public until the
2 20 certification process is complete. A related amendment is
2 21 made to Code section 22.7, pertaining to confidential records.
2 22 Violations of the confidentiality requirements are
2 23 punishable as contempt with both fine and imprisonment.
2 24 LSB 6496HV 78
2 25 jj/as/5
Text: HF02516 Text: HF02518 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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