Text of
legislation filed by MMS for the 2015-16 session of the Massachusetts
Legislature:
Section
1. Chapter 231 of the General Laws, as most recently amended by
Chapter 224 of the Acts of 2012, is hereby amended by adding after
section 60L, the following new section:
Section
60M. In any action for malpractice, negligence, error, omission, mistake
or the unauthorized rendering of professional services against a provider of
health licensed pursuant to section 2 of Chapter 112, including actions
pursuant to section 60B of this Chapter, an expert witness shall be board
certified in the same specialty as the defendant physician as licensed pursuant
to section 2 of Chapter 112.
Section
2 . Section 5 of Chapter 112 as most recently amended by Chapter 224 of
the Acts of 2012 is hereby amended after the word “occasions”, the
following: For purposes of this subsection, the offering of expert
testimony in any action for malpractice, negligence, error, omission, mistake
or unauthorized rendering of professional services against a physician licensed
pursuant to section 2 of Chapter 112 of the general laws, shall constitute the
practice of medicine.
