A. The court shall apply the criteria specified in subsection B of this section in determining whether an expert is qualified to offer expert testimony on the issue of whether the defendant health care provider departed from accepted standards of health care but may depart from those criteria if, under the circumstances, the court determines that there is good reason to admit the expert's testimony. The court shall state on the record the reason for admitting the testimony if the court departs from the criteria.
B. In determining whether a witness is qualified on the basis of training or experience, the court shall consider whether, at the time the claim arose or at the time the testimony is given, the witness:
1. Is licensed to practice medicine or has other substantial training or experience, in any area of health care relevant to the claim; and
2. Is actively practicing or retired from practicing health care in any area of health care services relevant to the claim.
C. This section shall not prevent a health care provider who is a defendant, or an employee of the defendant health care provider, from qualifying as an expert.
Added by Laws 2004, c. 368, § 24, eff. Nov. 1, 2004.
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