New Jersey § 2a:53a-40

§ 2a:53a-40.

a. A health care provider named as a defendant in a medical malpractice action may

cause the action against that provider to be dismissed upon the filing of an affidavit

of noninvolvement with the court. The affidavit of noninvolvement shall set forth, with particularity, the facts

that demonstrate that the provider was misidentified or otherwise not involved, individually

or through its servants or employees, in the care and treatment of the claimant, and

was not obligated, either individually or through its servants or employees, to provide

for the care and treatment of the claimant, and could not have caused the alleged

malpractice, either individually or through its servants or employees, in any way. b. A codefendant or claimant shall have the right to challenge an affidavit of noninvolvement

by filing a motion and submitting an affidavit that contradicts the assertions of

noninvolvement made by the health care provider in the affidavit of noninvolvement. c. If the court determines that a health care provider named as a defendant falsely

files or makes false or inaccurate statements in an affidavit of noninvolvement, the

court, upon motion or upon its own initiative, shall immediately reinstate the claim

against that provider. Reinstatement of a party pursuant to this subsection shall not be barred by any

statute of limitations defense that was not valid at the time the original action

was filed. In any action in which the health care provider is found by the court to have knowingly

filed a false or inaccurate affidavit of noninvolvement, the court shall impose upon

the person who signed the affidavit or represented the party, or both, an appropriate

sanction, including, but not limited to, an order to pay to the other party or parties

the amount of the reasonable expenses incurred as a result of the filing of the false

or inaccurate affidavit, including a reasonable attorney fee. The court shall also refer the matter to the Attorney General and the appropriate

professional licensing board for further review. d. If the court determines that a plaintiff falsely objected to a health care provider's

affidavit of noninvolvement, or knowingly provided an inaccurate statement regarding

a health care provider's affidavit, the court shall impose upon the plaintiff or the

plaintiff's counsel, or both, an appropriate sanction, including, but not limited

to, an order to pay to the other party or parties the amount of the reasonable expenses

incurred as a result of the submission of the false objection or inaccurate statement,

including a reasonable attorney fee. The court shall also refer the matter to the Attorney General and the appropriate

professional licensing board for further review. e. As used in this section, “ health care provider ” means an individual or entity, which, acting within the scope of its licensure or

certification, provides health care services, and includes, but is not limited to:

a physician, dentist, nurse, pharmacist or other health care professional whose professional

practice is regulated pursuant to Title 45 of the Revised Statutes; and a health

care facility licensed pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. )