House
File
490
S-5101
Amend
House
File
490,
as
amended,
passed,
and
1
reprinted
by
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
Section
1.
Section
668.11,
Code
2011,
is
amended
5
to
read
as
follows:
6
668.11
Disclosure
Designation
of
and
certifications
7
by
expert
witnesses
in
liability
cases
involving
8
licensed
professionals.
9
1.
A
party
in
a
professional
liability
case
brought
10
against
a
licensed
professional
pursuant
to
this
11
chapter
who
intends
to
call
an
expert
witness
of
their
12
the
party’s
own
selection,
shall
certify
designate
to
13
the
court
and
all
other
parties
the
expert
and
include
14
the
expert’s
name
,
and
qualifications
,
and
the
purpose
15
for
calling
the
expert
,
and
the
element
or
elements
of
16
the
cause
of
action
about
which
the
expert
will
testify
17
within
the
following
time
period:
18
a.
The
plaintiff
within
one
hundred
eighty
days
of
19
the
defendant’s
answer
unless
the
court
for
good
cause
20
not
ex
parte
extends
the
time
of
disclosure.
21
b.
The
defendant
within
ninety
days
of
plaintiff’s
22
certification.
23
2.
If
a
party
fails
to
disclose
an
expert
pursuant
24
to
subsection
1
or
does
not
make
the
an
expert
25
available
for
discovery,
the
expert
shall
be
prohibited
26
from
testifying
in
the
action
unless
leave
for
the
27
expert’s
testimony
is
given
by
the
court
for
good
cause
28
shown.
29
3.
This
section
does
not
apply
to
court
appointed
30
experts
or
to
rebuttal
experts
called
with
the
approval
31
of
the
court.
32
4.
a.
An
expert
witness
designated
by
the
33
plaintiff
to
testify
about
a
breach
of
the
standard
of
34
care
or
causation
of
damages
shall
sign
a
certification
35
at
the
time
of
designation
stating
that
to
the
best
36
of
the
expert’s
knowledge,
information,
and
belief,
37
based
on
the
information
reasonably
available
to
the
38
expert
at
the
time
of
the
certification,
the
expert
has
39
a
good-faith
belief
that
the
defendant
or
defendants
40
breached
the
applicable
standard
of
care
or
that
the
41
breach
was
the
cause
of
the
damages
alleged
or
both,
if
42
applicable.
43
b.
An
expert
shall
be
given
an
opportunity
to
44
certify
supplementary
information
if
the
substance
of
45
the
expert’s
testimony
relating
to
a
breach
of
the
46
standard
of
care
or
causation
of
damages
has
been
47
updated,
revised,
or
changed
since
the
time
of
the
48
original
certification,
in
accordance
with
the
rules
49
of
civil
procedure.
50
-1-
HF490.5138
(3)
84
rh/rj
1/
2
#1.
5.
Upon
motion,
the
court
may
limit
the
number
of
1
experts
designated
by
a
party
to
avoid
unreasonably
2
cumulative
or
duplicative
evidence,
undue
burden
or
3
expense,
or
for
other
good
cause.
>
4
2.
Title
page,
by
striking
lines
1
and
2
and
5
inserting
<
An
Act
relating
to
the
designation
of
and
6
certifications
by
expert
witnesses
in
liability
cases
7
involving
licensed
professionals.
>
8
______________________________
COMMITTEE
ON
JUDICIARY
EUGENE
S.
FRAISE,
CHAIRPERSON
-2-
HF490.5138
(3)
84
rh/rj
2/
2
#2.