To amend chapter 537, RSMo, by adding one new section relating to claims against certain licensed professionals.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be known as section 537.800, to read as follows:

537.800. 1. Any party asserting a claim against a licensed professional for damages on account of the rendering of, or failure to render, professional services shall be required to file in the court, contemporaneously with the claim, an affidavit by an expert competent to testify in such case against the licensed professional which shall specifically set forth the negligent acts or omissions of the licensed professional which form the basis of the claim against the licensed professional, the factual basis for each such claim, and how such negligent act or omission directly caused or contributed to any damages set forth in the claim.

2. Such affidavit need not be filed in a claim for indemnity or contribution by one licensed professional against another.

3. The contemporaneous filing requirement of subsection 1 of this section shall not apply to any case in which the period of limitation will expire within ten days of the date of filing and, because of such time constraint, the party has alleged that an affidavit of an expert could not be timely prepared. In such cases, the party shall have forty-five days after the filing of the claim to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause, extend such time as it shall determine justice requires.

4. If an affidavit is filed after the filing of the claim, as allowed pursuant to subsection 3 of this section, the licensed professional shall not be required to file an answer to the claim until thirty days after the filing of the affidavit.

5. This section shall not be construed to extend any applicable statute of limitation or statute of repose.

6. The affiant expert shall be a professional licensed to practice and who practices in this state or any other state, or who teaches at an accredited college or university and is licensed to practice in this state or any other state, in the same discipline as the licensed professional.

7. Except as allowed in subsection 3 of this section, if a party fails to file an affidavit as required by this section contemporaneously with the party's claim, such claim shall be dismissed on motion for failure to state a claim and cannot be cured by amendment pursuant to sections 509.490 and 509.500, RSMo, unless a court determines that the party asserting the claim had the requisite affidavit available prior to filing the party's claim and the failure to file the affidavit was the result of excusable neglect or mistake.

8. If a party fails to file an affidavit as required by this section, such claim shall not be subject to the renewal or savings provisions of section 516.230, RSMo, after the expiration of the applicable period of limitation, unless a court determines that the party had the requisite affidavit available prior to filing the claim and the failure to file the affidavit was the result of excusable neglect or mistake.

9. A licensed professional as defined in subsection 10 of this section shall, upon the written request of any party asserting a claim of, or failure to render, professional services, provide the requesting party all non-privileged documents and materials which are relevant to the subject matter involved in the pending action, at the expense of the requesting party, if such documents are not available as a matter of public record. Any licensed professional as defined in subsection 10 of this section who refuses to provide all non-privileged documents and materials relevant to the subject matter of the pending action, shall forfeit his license.

10. For purposes of this section, the term "licensed professional" means any licensed architect, professional engineer, land surveyor, landscape architect, licensed attorney, certified public accountant, licensed real estate broker, certified or licensed real estate appraiser or any corporation authorized to render such professional services. This section shall not apply to any health care provider as that term is defined in section 538.205, RSMo.

11. For purposes of this section, the term "claim" means any petition, crossclaim, counterclaim or third-party action.