BY REPRESENTATIVES Swenson, Pfiffner, and Sullivant;
also SENATORS Norton and Perlmutter.
CONCERNING REQUIRING CERTIFICATES OF REVIEW IN PROFESSIONAL
NEGLIGENCE ACTIONS TO INCLUDE THE DEFENDANT'S EMPLOYER.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1320602
(1), Colorado Revised Statutes, is amended to read:
1320602. Actions against
licensed professionals and acupuncturists certificate of
review required. (1) (a) In
every action for damages or indemnity based upon the alleged professional
negligence of an acupuncturist regulated pursuant to article 29.5
of title 12, C.R.S., or a licensed professional, the plaintiff's
or complainant's attorney shall file with the court a certificate
of review for each acupuncturist or licensed professional named
as a party, as specified in subsection (3) of this section, within
sixty days after the service of the complaint, counterclaim, or
cross claim against such person unless the court determines that
a longer period is necessary for good cause shown.
(b) A CERTIFICATE OF REVIEW SHALL BE FILED
WITH RESPECT TO EVERY ACTION DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (1) AGAINST A COMPANY OR FIRM THAT EMPLOYED A PERSON
SPECIFIED IN SUCH PARAGRAPH (a) AT THE TIME OF THE ALLEGED NEGLIGENCE,
EVEN IF SUCH PERSON IS NOT NAMED AS A PARTY IN SUCH ACTION.
SECTION 2. Effective
date applicability. (1) This act shall
take effect February 1, 1999, unless a referendum petition is
filed during the ninetyday period after final adjournment
of the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1 (3) of the state constitution.
If such a referendum petition is filed against this act or an
item, section, or part of this act within such period, then the
act, item, section, or part, shall take effect on the specified
date only if approved by the people.
(2) The provisions of this act shall apply to actions filed on or after the applicable effective date of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO