New Jersey § 2a:53a-41

§ 2a:53a-41.

In an action alleging medical 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 or other health care professional in the United States 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 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, 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, 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, the expert witness shall be: (1) a physician 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 who is board certified in the same specialty

or subspecialty, recognized by the American Board of Medical Specialties or the American

Osteopathic Association, 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 professional time to either: (a) the active clinical practice of the same health 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,

the active clinical practice of that specialty or subspecialty recognized by the American

Board of Medical Specialties or the American Osteopathic Association; or (b) the instruction of students in an accredited medical school, other accredited

health professional school or accredited residency or clinical research program in

the same health 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, an accredited medical school, 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 (c) both. b. If the party against whom or on whose behalf the testimony is offered is a general

practitioner, 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 active clinical practice

that encompasses the medical 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, health professional

school, or accredited residency or clinical research program in the same health 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 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 in the applicable area of practice or a related field of medicine. 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 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.