Connecticut Seal

General Assembly

Amendment

 

February Session, 2012

LCO No. 3611

   
 

*SB0024303611SRO*

Offered by:

 

SEN. SUZIO, 13th Dist.

 

To: Senate Bill No. 243

File No. 331

Cal. No. 263

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective July 1, 2012) (a) The Department of Public Health shall issue an expert witness certificate authorizing a physician who holds an active and valid license to practice medicine in another state to provide expert testimony in this state, if the physician submits to the department:

(1) A complete application, on such form as the department prescribes, containing the physician's name, mailing address, telephone number and business locations, the jurisdictions where the physician holds an active and valid license to practice medicine, and the license number or other identifying number issued to the physician by such jurisdictions' licensing entities; and

(2) An application fee of fifty dollars.

(b) The department shall approve an application for an expert witness certificate not later than ten business days after receiving a completed application and payment of the application fee if the applicant holds an active and valid license to practice medicine in another state and has not had a prior expert witness certificate revoked by the department. An application shall be deemed approved if the department does not deny the application prior to the expiration of said ten-day period.

(c) An expert witness certificate shall be valid for two years after the date of issuance.

(d) A physician who holds a valid expert witness certificate may:

(1) Provide a written opinion pursuant to section 52-190a of the general statutes, as amended by this act; and

(2) Testify as an expert pursuant to subsection (d) of section 52-184c of the general statutes, as amended by this act.

(e) An expert witness certificate does not authorize a physician to engage in the practice of medicine in this state. A physician issued an expert witness certificate under this section who does not otherwise practice medicine in this state is not required to obtain a license under chapter 370 of the general statutes or pay any license fees or provide information to the department pursuant to the health care provider profile established in section 20-13j of the general statutes. The department may suspend or revoke an expert witness certificate for good cause after providing notice and an opportunity for a hearing under chapter 54 of the general statutes.

(f) The department may adopt regulations, in accordance with chapter 54 of the general statutes, to implement this section.

Sec. 502. Subsection (d) of section 52-184c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(d) Any health care provider may testify as an expert in any action if he: (1) Is a "similar health care provider" pursuant to subsection (b) or (c) of this section; [or] (2) is not a similar health care provider pursuant to subsection (b) or (c) of this section but, to the satisfaction of the court, possesses sufficient training, experience and knowledge as a result of practice or teaching in a related field of medicine, so as to be able to provide such expert testimony as to the prevailing professional standard of care in a given field of medicine; or (3) holds a valid expert witness certificate issued pursuant to section 501 of this act. Such training, experience or knowledge under subdivision (2) of this subsection shall be as a result of the active involvement in the practice or teaching of medicine within the five-year period before the incident giving rise to the claim. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

July 1, 2012

New section

Sec. 502

July 1, 2012

52-184c(d)