1.1 	A bill for an act
1.2 	relating to civil actions; providing liability limits for certain nongovernment 
1.3 	licensees and medical directors; regulating expert review in malpractice actions 
1.4 	against health care providers;amending Minnesota Statutes 2004, section 
1.5 	145.682, subdivision 3; proposing coding for new law in Minnesota Statutes, 
1.6 	chapter 144E.
1.7 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [144E.20] LIABILITY LIMITS OF NONGOVERNMENT LICENSEES 
1.9 	AND MEDICAL DIRECTORS.
1.10 	(a) A licensee that is not a unit of government is subject to the same liability limits 
1.11 	under chapter 466 as a licensee that is a unit of government. 
1.12 	(b) The medical director of a licensed ambulance service and the medical director's 
1.13 	designee are subject to the same liability limits under chapter 466 as a licensee that is a 
1.14 	unit of government.

1.15 	EFFECTIVE DATE; APPLICATION. This section is effective August 1, 2006, 
1.16 	and applies to claims arising from incidents occurring on or after that date.

1.17 	Sec. 2. Minnesota Statutes 2004, section 145.682, subdivision 3, is amended to read:
1.18 		Subd. 3.Affidavit of expert review. The affidavit required by subdivision 2, clause 
1.19 	(1), must be by the plaintiff's attorney and state that:
1.20 	(a) the facts of the case have been reviewed by the plaintiff's attorney with an expert 
1.21 	whose qualifications provide a reasonable expectation that the expert's opinions could 
1.22 	be admissible at trialwho is board certified if board certification is available to that 
1.23 	particular specialty and currently practicing in the specialty or specialty areas of practice 
1.24 	from which the applicable standard of care arises and that, in the opinion of this expert, 
2.1 	one or more defendants deviated from the applicable standard of care and by that action 
2.2 	caused injury to the plaintiff; or
2.3 	(b) the expert review required by paragraph (a) could not reasonably be obtained 
2.4 	before the action was commenced because of the applicable statute of limitations. If 
2.5 	an affidavit is executed pursuant to this paragraph, the affidavit in paragraph (a) must 
2.6 	be served on defendant or the defendant's counsel within 90 days after service of the 
2.7 	summons and complaint.