Sec. 308. Expert opinions relating to physicians may be provided only by actively practicing physicians
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/bill/113/hr/3165/ih/section-308·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A physician-related opinion may be provided only by an actively practicing physician who is determined by the court to be qualified on the basis of training and experience to render that opinion. In determining whether an actively practicing physician is qualified under subsection (a), the court shall, except on good cause shown, consider whether that physician is board-certified, or has other substantial training, in an area of medical practice relevant to the health care to which the opinion relates.
In this section: The term actively practicing physician means an individual who— is licensed to practice medicine in the United States or, if the individual is a defendant providing a physician-related opinion with respect to the health care provided by that defendant, is a graduate of a medical school accredited by the Liaison Committee on Medical Education or the American Osteopathic Association; is practicing medicine when the opinion is rendered, or was practicing medicine when the health care was provided; and has knowledge of the accepted standards of care for the health care to which the opinion relates.
The term physician-related opinion means an expert opinion as to any one or more of the following: The standard of care applicable to a physician. Whether a physician failed to meet such a standard of care. Whether there was a causal relationship between such a failure by a physician and the injury or death of an individual. The term practicing medicine includes training residents or students at an accredited school of medicine or osteopathy, and serving as a consulting physician to other physicians who provide direct patient care.