Bill Text: NJ A4199 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires New Jersey licensure of physicians, dentists, and other health professionals serving as expert witnesses in malpractice cases; requires dentists serving as expert witnesses to comply with certain requirements for expert testimony.
Spectrum: Unknown
Status: (Introduced) 2024-05-02 - Introduced, Referred to Assembly Regulated Professions Committee [A4199 Detail]
Download: New_Jersey-2024-A4199-Introduced.html
Sponsored by:
Assemblyman JOHN V. AZZARITI JR., M.D.
District 39 (Bergen)
SYNOPSIS
Requires New Jersey licensure of physicians, dentists, and other health professionals serving as expert witnesses in malpractice cases; requires dentists serving as expert witnesses to comply with certain requirements for expert testimony.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning malpractice and amending P.L.1995, c.139 and P.L.2004, c.17.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1995, c.139 (C.2A:53A-27) is amended to read as follows.
2. In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.
In the case of an action for medical or dental malpractice, the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.
(cf: P.L. 2004, c.17, s.8)
2. Section 7 of P.L.2004, c.17 (C.2A:53A-41) is amended to read as follows:
7. In an action alleging medical or dental malpractice, a person shall not give expert testimony or execute an affidavit pursuant to the provisions of P.L.1995, c.139 (C.2A:53A-26 et seq.) on the appropriate standard of practice or care unless the person is licensed as a physician, dentist, or other health care professional in the [United States] State of New Jersey and meets the following criteria:
a. If the party against whom or on whose behalf the testimony is offered is a specialist or subspecialist recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards and the care or treatment at issue involves that specialty or subspecialty recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards, the person providing the testimony shall have specialized at the time of the occurrence that is the basis for the action in the same specialty or subspecialty, recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards as the party against whom or on whose behalf the testimony is offered, and if the person against whom or on whose behalf the testimony is being offered is board certified and the care or treatment at issue involves that board specialty or subspecialty recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards, the expert witness shall be:
(1) a physician or dentist credentialed by a hospital to treat patients for the medical condition, or to perform the procedure, that is the basis for the claim or action; or
(2) a specialist or subspecialist recognized by the American Board of Medical Specialties[or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards, who is board certified in the same specialty or subspecialty, recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards, and during the year immediately preceding the date of the occurrence that is the basis for the claim or action, shall have devoted a majority of [his] the specialist or subpecialist's professional time to either:
(a) the active clinical practice of the same health care or dental care profession in which the defendant is licensed, and, if the defendant is a specialist or subspecialist recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards, the active clinical practice of that specialty or subspecialty recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards; or
(b) the instruction of students in an accredited medical school, accredited dental school, other accredited health professional school or accredited residency or clinical research program in the same health care or dental care profession in which the defendant is licensed, and, if that party is a specialist or subspecialist recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards, an accredited medical school, accredited dental school, accredited health professional school or accredited residency or clinical research program in the same specialty or subspecialty recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards; or
(c) both.
b. If the party against whom or on whose behalf the testimony is offered is a general practitioner or general dentist, the expert witness, during the year immediately preceding the date of the occurrence that is the basis for the claim or action, shall have devoted a majority of his professional time to:
(1) active clinical practice as a general practitioner or general dentist; or active clinical practice that encompasses the medical or dental condition, or that includes performance of the procedure, that is the basis of the claim or action; or
(2) the instruction of students in an accredited medical school, accredited dental school, accredited health professional school, or accredited residency or clinical research program in the same health care or dental care profession in which the party against whom or on whose behalf the testimony is licensed; or
(3) both.
c. A court may waive the same specialty or subspecialty recognized by the American Board of Medical Specialties [or], the American Osteopathic Association, or the National Commission on Recognition of Dental Specialties and Certifying Boards and board certification requirements of this section, upon motion by the party seeking a waiver, if, after the moving party has demonstrated to the satisfaction of the court that a good faith effort has been made to identify an expert in the same specialty or subspecialty, the court determines that the expert possesses sufficient training, experience and knowledge to provide the testimony as a result of active involvement in, or full-time teaching of, medicine or dentistry in the applicable area of practice or a related field of medicine or dentistry.
d. Nothing in this section shall limit the power of the trial court to disqualify an expert witness on grounds other than the qualifications set forth in this section.
e. In an action alleging medical or dental malpractice, an expert witness shall not testify on a contingency fee basis.
f. An individual or entity who threatens to take or takes adverse action against a person in retaliation for that person providing or agreeing to provide expert testimony, or for that person executing an affidavit pursuant to the provisions of P.L.1995, c.139 (C.2A:53A-26 et seq.), which adverse action relates to that person's employment, accreditation, certification, credentialing or licensure, shall be liable to a civil penalty not to exceed $10,000 and other damages incurred by the person and the party for whom the person was testifying as an expert.
(cf: P.L.2004, c.17, s.7)
3. This act shall take effect on the 90th day following enactment and shall apply to all actions filed on or after the effective date.
STATEMENT
Current law, set out in N.J.S.A.2A:53A-41, requires that all persons testifying as expert witnesses in medical malpractice actions must be licensed in the United States as physicians or other health care professionals and meet certain criteria concerning their medical specialties and experience. These requirements also apply to all persons providing an affidavit on the appropriate standard of care in medical malpractice cases. This affidavit is known informally as a "certificate of merit." Pursuant to N.J.S.A.2A:53A-26 et seq., any plaintiff bringing a suit for medical malpractice case must file a certificate of merit, signed by an appropriate physician or other health care professional, within a certain time frame.
This bill provides that: (1) physicians and other health care professionals who testify as expert witnesses in medical malpractice actions and provide certificates of merit must be licensed in New Jersey; and (2) in dental malpractice actions, dentists who testify as expert witnesses would also be required to be licensed in New Jersey, and to comply with statutory criteria concerning their specialties and experience.
