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Session Laws, 1989
Volume 771, Page 3985   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 688

(3)  The attorney representing each party, or the
party proceeding pro se, shall file the appropriate certificate
with a report of the attesting expert attached. Discovery is
available as to the basis of the certificate.

(4)  The attesting expert may not devote annually more
than 20 percent of the expert's professional activities to
activities that directly involve testimony in personal injury
claims.

(5)  An extension of the time allowed for filing a
certificate of a qualified expert under this subsection [may]
SHALL be granted for good cause shown.

(6)  In the case of a claim against a physician, the
Director shall forward copies of the certificates filed under
paragraphs (1) and (2) of this subsection to the State Board of
Physician Quality Assurance or its successor.

(7)  FOR PURPOSES OF THE CERTIFICATION REQUIREMENTS OF
THIS SUBSECTION FOR ANY CLAIM FILED ON OR AFTER JULY 1, 1989:

(I)  A PARTY MAY NOT SERVE AS A PARTY'S EXPERT;
AND

(II)  THE CERTIFICATE MAY NOT BE SIGNED BY:

1.  A PARTY;

2.  AN EMPLOYEE OR PARTNER OF A PARTY; OR

3.  AN EMPLOYEE OR STOCKHOLDER OF ANY
PROFESSIONAL CORPORATION OF WHICH THE PARTY IS A STOCKHOLDER.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or
interpreted to have any effect upon or application to any
certificate of a qualified expert filed by a defendant in the
Health Claims Arbitration Office prior to, except as otherwise
provided, this Act shall apply to any health care malpractice
claim pending and to any health care malpractice action on appeal
to the circuit court and any other courts of appeal on this Act
shall be
construed only prospectively and may not be applied or
interpreted to have any effect upon of application to any
certification of a qualified expert filed by a defendant in the
Health Claims Arbitration Office prior to
the effective date of
this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

- 3985 -

 

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Session Laws, 1989
Volume 771, Page 3985   View pdf image
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